Rape involves an allegation of sexual intercourse or penetration without the consent of the victim. Recent statistics show that in Utah, one in eight women have reported being raped. One in three women have reported being a victim of sexual violence in their lifetime.
Rape is the only violent crime that occurs at a higher rate in the State of Utah when compared with the rest of the United States. For instance, in 2014, Utah's reported rape rate was significantly higher than the rate across the United States (67.7 and 51.9 per 100,000 females).
Utah has very strict penalties for rape and other sexually motivated crimes including having sexual contact with a 16 or 17-year-old even when the sexual contact is otherwise consensual (often called "statutory rape").
Any allegation of rape or sexual abuse is aggressively prosecuted in Salt Lake City, Utah. If you were accused committing the criminal offense of rape under Utah Code § 76-5-402 and § 76-5-406, then contact a criminal defense attorney at Brown, Bradshaw & Moffat, LLP in Salt Lake City, Utah.
The lawyers at Brown, Bradshaw & Moffat, LLP defend clients accused of sexually motivated crimes such as rape and forcible sexual abuse. We fight to protect our clients who are falsely accused of rape against the harsh penalties for sex crimes.
Call (801) 532-5297 today.
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The statutory elements of rape under Utah law must be proven at trial beyond all reasonable doubt. Those elements of rape include:
1. The defendant intentionally, knowingly, or recklessly had sexual intercourse with the victim;
2. Without the victim’s consent; and
3. The defendant acted with intent, knowledge or recklessness that victim did not consent.
Other versions of rape are even more seriously punished, including the rape of a child, object rape, and object rape of a child.
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Both "rape" under Utah Code § 76-5-402 and "object rape" under § 76-5-402.2 are first-degree felonies and carry a five (5) to life sentence. The crime of "forcible sodomy" under § 76-5-403 also fits into this category.
If the trier of fact, however, finds that during the course of the commission of the crime the defendant caused serious bodily injury to another (not necessarily the victim), the court may sentence the defendant to a term of 15 years to life.
Additionally, if the court finds that it is in the interest of justice and 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. Read more about the penalties for sex crimes in Utah.
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The criminal offense of Object Rape under Utah Code § 76-5-402.2, includes the following elements:
1. The defendant Intentionally, knowingly, or recklessly caused the penetration, however slight, of victim’s genital or anal opening, by any object or substance other than the mouth or genitals;
2. The act was without the victim’s consent;
3. The defendant acted with intent, knowledge or recklessness that victim did not consent; and
4. The defendant did the act with the intent to:
a. Cause substantial emotional or bodily pain to the victim; or
b. Arouse or gratify the sexual desire of any person.
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One of the most serious crimes under Utah law involves any allegation of committing the criminal offense of Rape of a Child under Utah Code § 76-5-402.1. The elements of the offense include:
1. The defendant intentionally, knowingly, or recklessly;
2. Had sexual intercourse with the minor; and
3. The minor was under 14 years old at the time of the conduct.
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The crime of Object Rape of a Child under Utah Code § 76-5-402.3 and § 76-5-407 includes the following elements
1. With the intent to:
a. Cause substantial emotional or bodily pain to minor; or
b. Arouse or gratify the sexual desire of any person; and
2. The minor was under the age of 14 at the time of the conduct.
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Under Section 76-1-301(2), Utah law provides that a prosecution for rape may be commenced at any time. In other words, Utah law provides no statute of limitation period for rape, rape of a child, object rape, or object rape of a child.
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Additional Resources
Statistics on Rape in Utah- Visit the Rape Recovery Center to learn more about statistics on rape and other crimes of sexual violence. Sexual violence is defined as the forced, coerced and/or manipulated unwanted sexual contact, whether attempted or completed. Find information on different forms of sexual violence prosecuted in the State of Utah. Learn more about how often sexual violence happens in this state. Find statistics on the victims of these offenses. The center provides resources for the survivors of rape.
Utah Coalition Against Sexual Assault - Visit the Utah Coalition Against Sexual Assault website for information on advocacy training in Utah. The 40 Hour Advocacy Training helps law enforcement, victim advocates, and health care providers who work directly with victims. The training meets the requirements of the Utah Confidential Communications Act (known as "UCASA").
Resources for Rape Victims in Salt Lake City - Learn more about resources for rape victims in Salt Lake City including the Rape Recovery Center (RRC) which provides a 24-hour crisis hotline (801-467-7273), support groups and family counseling. Also, find information on the Utah Coalition Against Sexual Assault (UCASA) for rape crisis advocacy training. The Salt Lake City’s Victim Advocate Program was developed to address the immediate needs of victims of violent crimes. Finally, the University of Utah Women’s Resource Center is located at the University of Utah in Salt Lake City and helps visits of rape and sexual assault.
Rape and Sexual Assault Crimes in Utah - Visit the website of the Utah Department of Health to learn more about rape and sexual assault. Find statistics showing why rape is reported more often in Utah when compared to other states. Learn more about the cost to investigate and prosecute incidents of sexual violence and rape in Utah. Additionally, in 2011, the Utah state government spend more than $92 million on people known to have perpetrated sexual violence while spending only $16.5 million on those who experienced sexual violence. Less than $600,000 was spent on efforts to prevent sexual abuse and rape.
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If you are under investigation for a sexually motivated offense such as rape or unlawful sexual conduct, then contact a criminal defense attorney in Salt Lake City at Brown, Bradshaw & Moffat, LLP to discuss your case.
We represent clients in Salt Lake County and the surrounding areas including Davis County, Utah County, Summit County, Wasatch 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 Holladay, Midvale, Herriman, the City of Taylorsville, Riverton, Magna, Kearns, Copperton Township and Millcreek.
Our criminal defense lawyers fight false allegations of rape throughout Salt Lake County and the surrounding areas including:
Call today for a free consultation at (801) 532-5297 with an experienced sex crimes attorney in Salt Lake City.
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