Imagine that you go on a date with someone but the date doesn’t go well. You end the date, wish the other person well, and go home. Two weeks later, police knock on your door and tell you that are being arrested for rape. With a shocked look on your face, you ask who is accusing you of such a crime. The police officer says, “The person you went on a date with two weeks ago.”
Although rape does occur at alarming frequency, false allegations of rape also occur. A prosecutor does not have to have actual physical evidence to charge you with rape. Many times, a rape case comes down to a “he said, she said” situation. This becomes an even worse situation of the person who falsely accused you of rape has a bad reputation for doing this.
In Utah, Courts follow Rule 412, which says: “The following evidence is not admissible in a criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim’s sexual predisposition.”
Basically, this rule prohibits defense attorneys from proving that the rape accuser has a propensity to engage in sexual relations with other people and they acted in propensity by falsely accusing someone of rape. If you’ve been falsely accused of rape, it is important to have a defense attorney who understands this rule and has a strategy to get around this rule. Even under this prohibition, a defense attorney may be able to help prove that your rape accuser had sex with someone else who is the source of the physical evidence in the case.
If you are falsely accused of rape, there are ways to defend yourself. Do not go to the police to tell your side of the story. Instead, find a defense attorney that can defend you against these false allegations.
Have you ever been interested in purchasing used panties or g-strings from someone or online? Someone recently asked us this question because they were worried about potential criminal charges.
The general answer is no. Even though panties, bras, or g-strings are considered intimate clothing, they are still clothing. Selling used socks or underwear would be the same as selling a used shirt or shoes. Both activities are legal. Additionally, there is no statute in Utah that would limit a person’s ability to sell the clothing online. There may be business licensing issues, but as far as criminal issues, a person can purchase or sell used pants or panties.
However, criminal charges could possibly be brought depending on who the clothing belongs to. If the clothing is being stolen and you are aware that the clothing was stolen, you could be criminally liable. If the clothing belongs to a child and an adult is advertising and selling the clothing in a sexual manner, there could criminal charges. A more likely scenario is that the state will begin a criminal investigation into the seller and buyers.
Therefore, if you enjoy buying used clothing online or in person, ensure that the clothing is for a proper purpose.
Although in the Utah criminal justice system everyone without exception is considered innocent until proven guilty, there are consequences of merely being charged with a Utah sex crime that can impact a person’s everyday life; such as employment and housing opportunities. A good Utah sex crimes defense attorney may be able to minimize some of the negative impact that comes along with being charged with a rape, child sex abuse or possession of child porn.
Even after you have had your sex case dismissed or have been acquitted, the mere fact that you were arrested may continue to impact your life because your criminal history will continue to reflect that you were arrested. In such a case, you are entitled to have your record expunged and it is highly advisable that you do so. Once your record is expunged, you are legally entitled to answer the question of whether you have ever been arrested or charged with a crime by saying no.
The LA times reported an Orange County teacher accused of being sexually involved with one of her students. Band teacher, Carlie Atterbury was accused of having a sexual relationship with one of her 15 year old students for over a year. Prosecutors said that “The two regularly met at Attebury’s home and exchanged sexually explicit text messages”. Atterbury is being tried January 2011.
What does this mean for Utah? Just because our school districts are populous, juveniles beware of sexual relations with a school teacher.
Under Utah statute 76-10-1313 a person is guilty of sex solicitation if they offer or agree to commit any sexual activity with another person for a fee or offer or agree to pay a fee for any sexual activity with another person. This is an intent based crime, meaning you must have the intent to engage in the sexual act in order to be guilty of the offense. Utah recently broadened the law to include requesting another person to expose their genitals or masturbate or engage in any act of lewdness.
The purpose behind the broader definition is to assist undercover officers trying to bust prostitutes. Often prostitutes will ask potential customers to expose themselves as a test to show they are not law enforcement which leaves undercover officers in the awkward position of complying with the request or risk losing the bust. Now officers can make an arrest when asked to engage in the sexual conduct as defined by law, including being asked to expose themselves.
Sex solicitation is a class B misdemeanor in Utah and if convicted of the offense, a violator could face up to 6 months in jail, a fine and up to a year of probation.
A Roosevelt, Utah woman is accusing her husband of sodomizing her with a broomstick after she forgot to do the dishes. The woman’s story started to waiver, however, after she changed her views as to whether she had access to a telephone or car after the incident. The alleged victim had not sought medical or emotional attention after the incident and only reported the incident when her husband of 16 years threatened to divorce her. The woman said that after she was sodomized she bleed for two days but never got any help because she was scared her husband would kill her. The Deseret news reports that the husband of the alleged victim told the jury “that his wife had the means to seek help if the incident had occurred because she managed his handyman business and had access to bank accounts, a cell phone, a home phone and the Internet”. The man did admit that he had threatened to sodomize his wife with a broomstick during a fight but never followed through with the threat. Innocent until proven guilty but it looks like there’s a broomstick for a different type of witch.