A person who, without the victim’s consent, causes the penetration, however slight, of the genital or anal opening of another person who is 14 years of age or older, by any foreign object, substance, instrument, or device, not including a part of the human body, with intent to cause substantial emotional or bodily pain to the victim or with the intent to arouse or gratify the sexual desire of any person, commits an offense which is punishable as a felony of the first degree.
Posts Tagged ‘rape’
Utah’s Legal Definiton of Object Rape
Jun
30
Clayton Simms, Utah Sex Crimes Attorney, on the topic of Sexual Assault, Utah Law
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Should I Give the Utah Police My Side of the Story in a Rape Allegation?
Jun
02
You should not talk to the Utah police about the circumstances surrounding a rape allegation without first hiring a criminal attorney to help guide you. The 5th Amendment to the U.S. Constitution guarantees your right to remain silent. The best policy is not to talk to the police if questioned and ask for an attorney. Even if you are simply a witness to a crime, you still may want to talk to an attorney before you give the police a statement.
Every court around the nation, including the United States Supreme Court and the Utah Supreme Court, has held that it is permissible for police to lie to a suspect during their investigation and interrogation of the suspect. This puts citizens at a distinct disadvantage when dealing with the police, which is exactly why it is best to follow the three golden rules:
1. Don’t trust or believe the police.
2. Don’t resist being handcuffed.
3. Don’t say a damn thing.
Utah’s Legal Definition of Rape
Mar
03
(1) A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.
(2) This section applies whether or not the actor is married to the victim
(3) Rape is a felony of the first degree
Utah’s Legal Definition of Incest
Jan
06
In Utah, a person is guilty of third degree felony incest when, under circumstances not amounting to rape, rape of a child or aggravated sexual assault, he has sexual intercourse with a person whom he knows to be an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin. The relationships referred to herein include blood relationships of he whole or half blood without regard to legitimacy, relationship of parent and child by adoption, and relationship of stepparent and stepchild while the marriage creating the relationship of stepparent and stepchild exists.
Consequences of A Utah Rape Conviction & Importance of Hiring the Absolute Best Utah Rape Defense Lawyer You Can Afford
Nov
29
The repercussions of being convicted of rape or of any other sex crime are so extensive that it cannot be over emphasized how important it is to hire a qualified Utah lawyer as early as possible.
Rape is one of the most serious charges to face, and at the same time it is one of the most difficult to defend if the accusation is false. A rape trial often turns into a battle of he said/she said with the jury determining the credibility of the witnesses.
The experience your lawyer brings to the table is critical. The rules of evidence concerning rape cases and are unique to sex offenses. For example, under Utah Rules of Evidence, 404 the prosecutor may attempt to inform the jury of prior bad acts or behavior.
If convicted of rape a defendant could face up to life in a Utah prison. It is also important to keep in mind that if convicted of certain sex offenses, a defendant is not eligible for probation and faces a mandatory prison sentence. In addition, a person convicted of rape would have to register as a sex offender.
Two Consenting, but Drunk or High Utahns may Create a Rape Scenario
Nov
08
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.
The Stages of an Utah Felony Sex Case (Rape, Aggravated Sexual Abuse, Possession of Child Porn or Enticing A Minor Over the Internet)
Oct
21
Clayton Simms, Utah Sex Crimes Attorney, on the topic of internet sex crimes, Legal Process, Sexual Assault
The stages of an Utah Felony criminal sex offense case follow a general pattern, and remember it is never too early to contact and hire an experienced criminal lawyer to help guide you through the system. Indeed, it is best to hire a lawyer during the investigation phase because a talented and savvy criminal lawyer may help prevent charges from being filed or possibly work out a resolution to the case very early on.
During the investigation phase a 911 call may have been made and a police officer or detective responds to the scene to investigate whether a crime has occurred and if so who committed the crime. An investigation is about collecting evidence that can be used in a criminal prosecution. If you are the target of an investigation, it is almost never in your best interest to speak with law enforcement officers without first consulting with an attorney.
The information gathered during the police investigation is forwarded to a prosecutor who then decides what charges, if any, to file. A document called an information is filed with the Court and a criminal proceeding is started. The information formally charges a defendant with a crime and gives the defendant an idea of what crime he or she is accused of.
In a Utah Felony Sex Case (Rape, Aggravated Sexual Abuse, Rape of a Child, Possession of Child Porn or Enticing a Minor Over the Internet), a judge reads the information to the defendant and generally will not accept a plea of guilty but rather will simply enter a plea of not guilty and give you time to consult with a lawyer.
This is the defendant’s first court appearance and is often referred to as an initial appearance. This is the first opportunity for defendants who cannot afford to hire their own Lawyer to request that a public defender be appointed to represent them. In addition to pleading guilty or not guilty and determing whether a defendant is entitled to have an public defender appointed, other issues may be addressed such as a request that the amount of bail required for release be reduced or that the defendant be released either on his or her own recognizance or to pretrial services. Pretrial services is a division of the court system that monitors defendants outside of jail during the pendency of their case. Pretrial release is in lieu of either incarceration or the posting of bail.
If a defendant pleads not guilty, then in misdemeanor cases a pre-trial conference is set. A pre-trial conference allows a prosecutor and a criminal defense attorney an opportunity to talk about resolving the case. If the case cannot be resolved, then a motion such as a motion to suppress may be filed and/or the matter may be set for trial. In felony sex cases, after the initial appearance, a roll call hearing is set which is functionally very similar to a pretrial conference.
In felony cases only, a defendant has the right to a preliminary hearing. The purpose of the preliminary hearing is to determine whether there is sufficient evidence for the prosecutor to proceed with the case to trial.
After a preliminary hearing or a motion, then the case may go to trial. At trial the prosecutor will present evidence through witnesses, and the defendant may or may not testify or present evidence through witnesses. The preceding information is a general overview of the criminal justice system and you should immediately contact an Utah criminal lawyer for the specifics about how your Felony sex case should be handled.
What are the Potential Penalties for an Utah Felony Sex Offense ?
Sep
26
Clayton Simms, Utah Sex Crimes Attorney, on the topic of Child Sex Crimes, Legal Process, Sexual Assault, Utah Law
An Utah felony sex offense is any crime that has a potential jail sentence greater than one year. An Utah misdemeanor sex offense is any crime that has a potential jail sentence of one year or less.
There are four classes of Felonies in the State of Utah: Capital Felonies, First Degree Felonies, Second Degree Felonies and Third Degree Felonies.
The maximum penalties for conviction of Felony crimes in the State of Utah are as follows:
- A Capital Crime carries the maximum sentence of death.
- A First Degree Felony carries the sentence of 5 years to life in prison; and a fine of $10,000.
- A Second Degree Felony carries the sentence of 1 year to 15 years in prison; and a fine of $10,000.
- A Third Degree Felony carries the sentence of 0 to 5 years in prison; and a fine of $5,000.
Certain enhancements to sentences may apply that could increase a sentence. In addition, many Utah Sex offenses require mandatory prison sentencing, which for example an First degree Aggravated Sexual Abuse of a Child carries a mandatory 6, 10 or 15 years to Life.
Plea bargaining in sex offense can be complicated by mandatory sentencing, please make sure you contact an experienced Utah Criminal Defense Attorney to guide you through the criminal court system.
Utah Legal Question: If Someone is Accused of Rape is it Criminal or Civil?
Sep
26
If you have been accused of rape, your case may be criminal or civil or both. An alleged rape victim (through a criminal prosecutor) may press criminal charges or they may chose not to press criminal charges and just sue; however, an alleged rape victim may both press criminal charges and sue for monetary damages.
The criminal and civil justice systems are two separate and distinct systems. In the criminal system the Government, through the prosecuting attorney, is always the plaintiff or the party who is bringing the action to court. It is not the alleged victim, but the prosecutor who pursues the case. A criminal case is brought with the purpose of serving the public’s interest in reducing the incidence of criminal conduct in society by means of punishment, rehabilitation and applying principles of justice. In the criminal system, a defendant, if found guilty, may be ordered to serve jail or prison time, pay fines and restitution if any, complete community service, take classes with a counseling agency or comply with other conditions that are appropriate for the individual case.
The civil system, by contrast, generally deals with matters like divorce, adoption, employment discrimination, personal injury, contract disputes, and bankruptcy, as well as many other types of cases. The primary focus of the civil system is to adjudicate or resolve conflicts that arise between individuals. The civil system in many instances can operate to reduce criminal conduct in society by offering individuals a viable means to resolve their differences in a civil manner rather than resorting to illegal self help measures that may escalate to violence. The civil court system resolves conflict between individuals by awarding one or more of the parties to a lawsuit a remedy which may include monetary damages caused by the wrongful conduct of the person being sued. Other types of remedies requested in the civil system are declarations of a individual rights pursuant to a specific law, injunctive relief in which the court orders one of the parties to perform a legal obligation or even orders them to stop some action they are not legally entitled to engage in. Unlike the criminal system, private parties bring cases in the civil system.
Cassandras Curse: Reports of Rape & Sexual Harassment Commonly Ignored
Jun
01
jessica, on the topic of Sexual Assault
photo: Orin Zebest
Cassandra was a princess of Troy during the epic Trojan War. She was so beautiful that she attracted the eye of the God Apollo who promised her the gift of prophecy in return for sexual favors. Cassandra agreed, received the gift of prophecy, and then refused to have any sexual relations with Apollo. Apollo cursed her for this. Cassandra retained the ability to perfectly predict the future, but no one ever believed her or even listened to her warnings. Everyone deemed Cassandra a raving lunatic.
Accusations of rape and sexual assault are often met with the same skepticism as Cassandra’s predictions were. Many sexual assaults remain unreported because of the skepticism they attract; accusers are often, immediately thought to be lying. In such cases, the only repercussions are for the victims: ruined credibility, and perhaps additional violence. These feelings about rape may be due to the very personal aspects of the crime. It is both an intimate and absurdly violent act. There are rarely eyewitnesses which can reduce the facts to a he says/she says situation of credibility. No matter the reason for reporting/not reporting the rape, the way in which the law deals with the crime must be improved. If you find yourself in a matter of false rape accusations or involved with charges of sexual assault where little to no facts are present, the most important thing is having a confident criminal defense attorney.
