No one wishes to be arrested for allegedly committing a crime. However, it happens all the time. When it comes to serious offenses such as sex crimes, one may wonder whether being arrested ensures they will be ordered to serve an extended prison time. Being arrested for a sex crime does not guarantee the accused will go to prison. Those charged with sex crimes must seriously consider obtaining legal representation from a criminal defense attorney to fight the charges and seek a favorable case outcome. 

Essential Factors Which Can Influence Whether Someone Is Sentenced to Prison

1. Nature of the crime – Of course, the specific details of the alleged sex crime will likely play a significant role in determining the potential sentence brought by a guilty verdict. Factors such as the type of sex offense, age of those involved, whether force was used, and the presence of any other aggravating factors can significantly impact the severity of the punishment. Utah law clearly defines a long list of potential sex offenses someone can be charged within the state. While all offenses are serious, some offenses carry a more severe prison sentence if the accused is convicted.
2. Criminal background – A person’s criminal history, especially prior convictions for sex offenses, can significantly influence the sentencing decision. Repeat offenders or those with a history of similar crimes are more likely to face harsher penalties, including prison time.
3. Quality and quantity of evidence – The amount of evidence against someone and the quality of the evidence can play a significant role in determining whether someone is sent to prison. If the prosecution’s evidence is weak or inconsistent, it may result in reduced charges or the possibility of avoiding a lengthy prison sentence. 
4. Legal strategies chosen – The effectiveness of a defense strategy can also impact the outcome. Skilled defense attorneys may be able to challenge the evidence, question the credibility of witnesses, or present alternative narratives that can lead to reduced charges or an acquittal. 

Contact a Salt Lake City Sex Crimes Attorney

While being arrested for a sex crime is a very serious matter, simply being arrested and charged does not mean you are guaranteed to go to jail. Many factors are at play in these situations, making it crucial you contact experienced legal guidance to assist you in defending against such charges. If you are facing charges, contact the Davis County sex crimes lawyers with Collins Rupp, P.C.. Call 385-777-2753 for a free consultation.

Sex crimes fall into a category of crimes that are prosecuted extremely aggressively. As a result, many charged with such crimes are often assumed guilty before they are even tried in a court of law. And because of this, it is essential to take immediate action to protect your rights and to defend yourself against such charges. If you are ever charged with a sex crime, it is important not to panic. While you are certainly in serious legal jeopardy, there are defense strategies that can be implemented to give you a chance at beating these serious charges brought against you.

When charged with a sex crime, the first step you should take is to hire an experienced sex crimes defense attorney. An experienced attorney may be familiar with various defense strategies and will work with you to decide which strategy may help your situation. Today, we are going to review some of those defense strategies.

Defense Strategies Against Sex Crimes 

One of the most common defense strategies in a sex crime case is challenging the evidence that the prosecution has gathered against you. This may involve questioning the reliability of eyewitness testimony, challenging the admissibility of certain types of evidence, or presenting evidence that undermines the prosecution’s case. Another strategy that may be effective is to argue that the alleged sexual encounter was consensual. If you can provide evidence that the other party willingly participated in the activity, it may be difficult for the prosecution to prove that a crime was committed. 

As is true in virtually every state in the United States, sex crimes are among the most severe offenses someone can be arrested for and charged with. This is particularly true when children are involved. When an adult is charged with child-related sex offenses, the police, media, and community often consider the alleged offender guilty of the charges against them before any trial has begun and, thus, before the defense has had a chance to present its case. 

Being convicted of a sex crime involving children can quickly decimate one’s life and career. This is why it is imperative to retain experienced counsel if you are ever charged with such a crime to try to avoid the devastation a conviction will wreak on your life. A knowledgeable criminal attorney will work tirelessly to ensure your rights are protected while also pursuing a favorable case outcome.  

In modern society, there is often a preconceived notion that sexual activity between a married couple is, by definition, consensual. However, you may be surprised that this is not the case. In Utah, regardless of whether you are married to someone, you can still be charged with rape if you engaged in sex through a means of force or coercion. Notably, the only instance when marriage protects against a rape charge is if someone is charged with statutory rape but was married to the underage person in question. Nevertheless, that exception only applies if the underage spouse consented to the sex.

In this blog, we will take a look at specific circumstances that often surround marital rape. It cannot be stressed enough that if you are facing charges of rape against your spouse, it is crucial that you seek out aggressive legal representation to have a chance at avoiding a conviction.

A Brief History of Marital Rape

For many years, marriage acted as a shield against accusations of rape. Spouses could not be charged with raping their spouse, even if the sex was non-consensual. It is only in the recent past that the laws acknowledging marital rape began to change on a state-by-state basis. Even today, marital rape varies on a state-by-state basis. In Utah, however, marital rape is treated as any other rape. 

In Utah, cases involving sex crimes are investigated and prosecuted with the utmost seriousness. However, the law involving such crimes can be confusing, especially for charges involving statutory rape. Under Utah law, statutory rape occurs when a defendant engages in consensual sexual contact with a minor who, because they are a minor, is too young to consent to the sexual contact. Moreover, the defendant must know or should have reasonably known the age difference before engaging in the sexual encounter. For this blog, we will delve deeper into what strategies are available for those charged with statutory rape.

At the outset, if you have been charged with statutory rape, understand you are in serious legal jeopardy. Being convicted of such a charge can land someone in prison while also requiring the convicted individual to register as a sex offender for the rest of their life, which can devastate someone’s life and career. Therefore, if you have been charged with statutory rape, do not hesitate to reach out to a knowledgeable sex crimes attorney who will work to ensure your rights are protected and that the most favorable outcome possible is pursued in your case.

Strategies for Defending Against Statutory Rape Charges in Utah

Depending on the state, few strategies are generally available to combat a statutory rape charge. Luckily, in Utah, there are options available for one’s defense. These options include the following: