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.
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.
(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
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.
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.
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.