Forcible Sexual Abuse

In sexual abuse cases, false allegations do occur. Attorneys who defend people charged with sexually motivated crimes must often attack weaknesses in the prosecution's case, show the bias of state witnesses, find errors in forensic testing, and expose inconsistent statements made by the alleged victim.

After an allegation of sexual abuse is made, it is important to contact an experienced criminal defense attorney as early in the investigation as possible. Never make a statement to a law enforcement officer until after you have secured the services of an attorney.

Lawyer for Forcible Sexual Abuse in Salt Lake City, Utah

If you were accused of committing Forcible Sexual Abuse under § 76-5-404, a sexual offense under the Utah Criminal Code, in Summit County, Tooele County, Davis County, Morgan County, Wasatch County, Salt Lake County, Utah County, or any nearby county in Utah, then give us a call at (801) 532-5297.

The criminal defense attorneys at Brown, Bradshaw & Moffat, LLP fight for men and women charged with rape or sexual abuse and for false allegations of sex crimes throughout Salt Lake County and the surrounding areas. Let our attorneys help you at each stage of the case as we fight for the best possible result.

• Elements of Forcible Sexual Abuse under Utah Law
• Relevant Factors in Forcible Sexual Abuse Cases
• Penalties for Forcible Sexual Abuse under § 76-5-404
• Touching by Skin-to-Skin Contact
• Additional Resources

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Elements of Forcible Sexual Abuse under Utah Law

The elements of the criminal offense of forcible sexual abuse under Section 76-5-404 include:

1. the defendant intentionally, knowingly, or recklessly:

• touched the skin of the victim’s anus, buttocks, or genitals; or
• touched the skin of the female victim’s breast; or
• took indecent liberties with victim; or
• caused a person to take indecent liberties with defendant or another;

1. without victim’s consent;
2. defendant acted with intent, knowledge or recklessness that victim did not consent;
3. the defendant did so with the intent to:

• cause substantial emotional or bodily pain to any person, or
• arouse or gratify the sexual desire of any person; and
• the victim was 14 years of age or older at the time of the conduct.

Other forms of sexual abuse in Utah include sexual abuse of a child and aggravated sexual abuse of a child.

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Relevant Factors in Forcible Sexual Abuse Cases

When determining whether a forcible sexual abuse occurred, the circumstances a jury can consider include:

1. the duration of the conduct;
2. the intrusiveness of the conduct against the alleged victim's person;
3. whether the alleged victim requested that the conduct stop;
4. whether the conduct stopped upon request;
5. the relationship between the alleged victim and the defendant;
6. whether the alleged victim was forced or coerced to participate; and
7. any other factors it considers relevant.

See State v. Carvajal, 857 Utah Adv. Rep. 21 (Utah Ct. App. 2018).

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Penalties for Forcible Sexual Abuse under § 76-5-404

Forcible Sexual Abuse § 76-5-404 is a second-degree felony with a 1 to 15-year sentence. If the trier of fact finds that during the commission of the crime the defendant caused serious bodily injury, the crime is a first-degree felony, and the court may sentence the defendant to a term of 15 years to life.

If the Court finds that it is in the interest of justice and the Court states the reasons for this finding on the record, the court may reduce the sentence to 10 years to life or 6 years to life.

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Touching by Skin-to-Skin Contact

For “forcible sexual abuse” of a person “14 years of age or older” under Utah Code Ann. § 76-5-404(1), “touching” is required to be by skin-to-skin contact. State v. Carrell, 857 Utah Adv. Rep. 13 (Utah Ct. App. 2018)(citing State v. Jacobs, 2006 UT App 356, ¶ 7, 144 P.3d 226).

On the other hand, In cases alleging sexual abuse of a child, however, “touching” can be accomplished through clothing. See Utah Code Ann. § 76-5-407(3)(b).

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Additional Resources

76-5-404.  Forcible sexual abuse - Visit the website of the Utah State Legislature to learn more about forcible sexual abuse under Section 76-5-404, a sexual offense under the Utah Criminal Code. Also, find the penalties and punishments required after a conviction for this serious criminal offense.

Sexual Offenses Against the Victim Without Consent of Victim - The Utah State Legislature gives information on sexual offenses that occurred on a victim, whether it was on an adult or a minor when consent was not given. For more information about crimes for sexually motivated crimes, visit the Utah State Legislature website to read the statutory language.

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Finding an Attorney for Sexual Abuse Crimes in Utah

If you are under investigation for a sexually motivated offense such as forcible sexual abuse, unlawful sexual conduct with a minor, rape, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP. Our sex crime attorneys represent clients throughout Salt Lake City, Utah.

With offices conveniently located in Salt Lake City, we are ready to meet with you to discuss your case. Find out what you need to do right now to protect your rights. Our lawyers represent clients in Salt Lake County and the surrounding areas including Davis County, Utah County, Wasatch County, Summit County, Morgan County and Tooele County.

The attorneys at Brown, Bradshaw & Moffat, LLP represent men and women charged with rape or sexual abuse crimes throughout Greater Salt Lake including the communities of Riverton, Holladay, the City of Taylorsville, Magna, Kearns, Midvale, Herriman, Copperton Township and Millcreek, Utah. Call today for a free consultation at (801) 532-5297.

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