Rape criminal defense
Rape is one of the most serious crimes in Utah, which means it carries severe penalties. If you think you may be charged or are currently charged with rape, seek the expertise and experience of Liberty Law defense lawyers. We will work with you to help you with your case to receive the best outcome.
What is Rape?
According to §76-5-402 of the Utah Criminal Code, a person commits rape when the actor “has sexual intercourse with another person without the victim’s consent.”
Rape can be committed against a spouse or girlfriend/boyfriend and does not need to involve any violence. Failure to gain consent is enough to be convicted of rape.
Rape committed against a child under 14 years of age is punishable under § 76-5-402.1.
Other Rape Crimes in Utah
Utah Code also covers other rape crimes. The names may be different, but the actions are still sexual offenses.
Forcible sodomy (§76-5-403) is a rape crime involving mouth-to-genital or anal-to-genital contact without the victim’s consent. Force is not required for this rape crime to occur.
‘Object rape,’ where an actor uses an object rather than their body to penetrate a victim without consent, is also a rape crime under § 76-5-402.2 and § 76-5-402.3 for a child.
A person can be charged with the above crimes even if the acts are interrupted, or the victim defends him or herself.
Moreover, if the above crimes have been committed with any violence (seriously bodily injury) or coercion (kidnapping), the defendant may be charged with aggravated sexual assault under § 76-5-405.
Sentencing Guidelines for Rape Under the Utah Criminal Code
Rape is a first-degree felony, punishable in terms of six to ten years to life in prison, possibly without parole. The penalties depend on the offense committed and the seriousness of the defendant’s crime. If the defendant was previously convicted of a “grievous sexual offense” or if “serious bodily injury” occurred, the defendant may be sentenced to life.
Rape of a child is a first-degree felony punishable by 25 years to life. If bodily injury occurred or if the defendant has a prior conviction for a sex crime, the defendant may be sentenced to life without parole.
Forcible sodomy is a first-degree felony under §76-5-403 punishable by not less than five years in prison and which may be for life, depending on the circumstances related to the case.
Object rape is also a first-degree felony punishable, for a crime committed against an adult, of no less than five years and which may be life (§76-5-402.2). According to §76-5-402.3, for that of a child, object rape is punishable by no less than 25 years and which may be for life or life without parole. As in other rape crimes, sentencing depends on whether the defendant causes serious bodily injury or if the defendant was convicted previously of a grievous sexual offense. If the latter applies, the defendant may be sentenced to life without parole.
Looking for A Defense Attorney in Salt Lake County or Utah County?
If you are charged with rape or are being investigated, you need an attorney who will listen to you and provide you with the best advice and counsel. We have over 20 years of experience handling rape and sexual assault cases. We’ve taken these cases all the way to trial and have received “Not Guilty” verdicts. We know this is a very stressful and emotional time, so let our experience and expertise work for you. Call us today, and we will work for an acquittal or lesser charges.