photo: kevygee
photo: kevygee

Forms of alcohol and simple drugs like marijuana are often present in rituals of courtship. Many Utahns engage in these activities to make their relationships more enjoyable and to relax their inhibitions.  However, in some cases one of the involved parties could claim that they were inebriated making the sexual activity involuntary and therefore rape. Often in such cases the total responsibility is assigned to the male. However, if a party is too drunk or high to consent to sexual activity then perhaps a male could be too drunk or high to determine his own actions making him involuntarily rape the other party. If you find yourself accused of rape it is important to find the most qualified Utah criminal defense attorney that you can. Without a  ualified attorney you could be one of the many people found guilty of sexual assault for a mutually happy and consenting occasion.

photo: Jo Jakeman
photo: Jo Jakeman

Since 1996 nine states have legalized either chemical or physical castration in certain instances for repeat sex crime offenders. In the majority of cases the castration is a condition to be eligible for probation or parole. Methods of sterilization were first used in large numbers in the 1920s after the United States Supreme court upheld a statute mandating sterilization of the unfit, a term that included the mentally retarded. (Buck v. Bell, 274 U.S. 200, 1927). More recently hormonotherapy/chemical castration has been used; chemicals are taken to lower a man’s testosterone. In 1996, California was the first state to authorize castration for some repeat sex offenders as a condition of their release. In some of the 9 states, like Texas, the state covers the cost of the procedure, while in other states, like Iowa, the offender pays the fees. The statutes continue to vary by state, some mandated for sodomy (California), others have a small pilot program (Oregon), and all of them concentrate on those who had victims that were minors under 18, under 13, etc . . . A table of the varying rules can be seen in “Castration of Sex Offenders: Prisoners’ Rights Versus Public Safety”  (Scott & Holmberg 2003). Goergia is the only state of the 9 that requires a psychological evaluation of the offender, something important when the patient is given a choice of chemical and physical castration.

However, there are many legal professionals and american citizens against the increased use of castration for sex crime offenders. One of the strongest arguments in opposition is that, “Castration reduces or eliminates deviant sexual thoughts and fantasies, thereby infringing on the sex offender’s First Amendment right to entertain sexual fantasies” (Scott & Holmberg). There is also the expect challenge to the Eight Amendment’s ban on cruel and unusual punishment. Also, since most of these statutes link the castration to parole, an inmate who refuses castration will recieve additional jail time, a punishment. This essentially means that the offenders are coerced into the action violating the statutes’ intentions that they do in fact “volunteer”.

Utah does not currently use any means of castration against sexual offenders, but they might follow the trend in the future.

Society in Utah upholds morals that urge people to protect children. This sounds great, but in cases of false child abuse allegations these morals take the importance of ‘innocent until proven guilty’ away from the defendant. These false allegations are becoming more prominent in divorce cases as power plays, and ways to gain full custody of children. Even if you are deemed innocent by a court of law, the simple fact that you were charged with something like child molestation or assault gives you a reputation. You may lose your job, be shunned by your social connections, not be allowed around your friends’ children, and perhaps be despised. If you ARE convicted you may have to register as a child sex offender for the entirety of you life!! Child Sexual Abuse has one of the highest conviction rates, therefore any charges filed against you must be taken very seriously. You must find a lawyer experience with sexual abuse charges especially those against children. You must find that qualified attorney quickly to prepare yourself in case police start questioning you (which you should not say anything unless your lawyer is present), and in case you are arrested. Remember anything you say to police can be used against you!

Allegations of sexual assault are becoming commonplace in divorce cases. Such a large number of these allegations are false and very arguable that a syndrome was created to identify these cases: S.A.I.D. Syndrome (Sexual Allegations In Divorce).

The SAID Syndrome often identifies false accusations of sexual misconduct with a minor, something which can easily be spotted but can also just as easily take children away from a loving parent. False accusations are usually made after the divorce process begins and can easily happen after the divorce is final when parents are trying to regain child custody rights.

False accusations can easily be ruled as fact when the correct steps are not taken in the legal process. Therapists and the police department involved in the case may have no experience in the matter yet offer strong opinions. The Defense lawyer may not be aggressive enough to poke holes in the witness’s fictional tales. In order to protect yourself against these very common allegations of sex crimes involved with divorce you should look for a defense attorney. A defense attorney experienced in the topic area can make sure all files on the persons involved are completed by qualified individuals, that the therapists and other professional testifying and providing opinions are capable and experienced in the area, and possibly help you find a private reliable polygraph test.

SONAR (Sex and Kidnap Offender Notification and Registration) aka Utah’s Sex Offender Registry requires many details from an offender in order to register:

  • Name
  • Aliases you use or have used
  • Physical Description Information
    • Current photo of offender
    • Age
    • Sex
    • Race
    • Hair
    • Height
    • Weight
    • Eye Color
    • Scar/Tattoos
  • Address and Other Known Addresses
  • Professional Licenses
  • Type of vehicle offender drives
  • Information on the crime that offender was convicted
    • Description of offense
    • Date convicted
    • Date released from prison
    • Details about offense
    • (Victim information is not listed)

Utah law states that “members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and harassment, stalking, or threats against offenders or their families are prohibited and doing so may violate Utah criminal laws.”  Utah Code Section 77-27-21.5(24)(b-c).

If you are on Utah’s Sex Offender Registry and someone is harassing you, call the police.  If the police are unresponsive due to your status as a sex offender, call a qualified attorney that can help protect you from harassment.

RoethilisbergerBen Roethlisberger was eventually, after an entire press circus, not charged with sexual assault. However, this outcome was inevitable, judging by the reputation and the price tag on his criminal defense attorney Ed Garland, who is a member of the prestigious American Board of Criminal Lawyers. Utah criminal defense attorney Clayton Simms estimates that “Ben (Roethlisberger) probably paid his criminal defense attorney $750,000.00 to $1,000,000 while dishing out another $250,000 on private investigators.” Clayton Simms also stated that, “I’ve had several clients fired as a result of sex abuse charges, and after their charges were dismissed or they were acquitted at jury trial their employment was not reinstated. Simply being charged with a sex offense can be devastating to one’s professional and personal life, and in a world in which information is only a Goggle away it is even more so.” Big Ben is lucky that he could afford a defense team capable and qualified to keep the remaining part his reputation viable for an NFL contract. Ben’s big night out evidential photos were recently released by the Georgia Bureau of Investigation.