When Utah Sex Crime Allegations Collide with Family Law

 Posted on July 29, 2025 in Sex crimes

Sex crime allegations are always serious, but when they arise in the middle of a custody battle or divorce in Utah, they can be life-altering. Suddenly, criminal allegations spill over into family court, threatening not only your freedom, but also your reputation, your parental rights, and even potentially the division of marital assets during a divorce, as well as the payment of spousal support. Even when the charges are exaggerated or completely false, it may not matter in family court.

The family law system in Utah does not wait for a criminal conviction before acting to "protect the child" in custody issues or make decisions in a divorce. Unfortunately, sex crime allegations often emerge during divorce, separation, and custody battles. Utah family courts tend to take a "better safe than sorry" approach, leaving you with immediate, adverse consequences before the criminal matter is even completed. It is important that you first speak with an experienced Salt Lake City criminal defense attorney, then discuss the issue with your family law attorney.

Why Are Allegations of Sex Crimes Often Made During Divorce or Child Custody Issues?

Allegations of sex crimes (Utah Code 76-5-4) made during a divorce or child custody issue may be used as a tactic to gain an advantage in court proceedings, especially when one parent is trying to limit the other parent’s access to the children. Allegations may be motivated by anger, revenge, or a desire to manipulate the situation. Some allegations of sex crimes are genuine, while others are fabricated or exaggerated.

In a divorce, allegations of sex crimes can be used as a strategy to affect financial settlements, alimony, or property division. False allegations can have devastating consequences for the accused, including damage to their reputation, strained relationships, and legal repercussions. When children are involved, false allegations can be extremely harmful, subjecting the children to unnecessary investigations, therapy, or a damaged relationship with the falsely accused parent.  

How Allegations of a Sex Crime Can Impact Custody and Visitation

When such allegations are made, emergency protective orders or supervised visitation with the child or children could be put into place, long before the criminal trial takes place. The family court will act on a "preponderance of the evidence" (which could be nothing more than the other parent’s word) rather than the criminal standard of "beyond a reasonable doubt." This can result in the loss of parenting rights or visitation, even when there is little or no credible evidence of a sex crime.

How a Criminal Defense Attorney Can Attack False or Exaggerated Allegations of a Sex Crime

A criminal defense attorney will immediately begin a thorough investigation of the case, gathering such evidence as phone records, social media posts, and physical evidence. Experts can be hired to analyze evidence when necessary. The defense attorney will actively seek out evidence that supports the defendant’s innocence and shows the "holes" in the prosecutor’s case.

The accuser’s credibility must be challenged, with any motive for making false allegations exposed. If the motivation is revenge, financial gain, or to cover up his or her own behavior, a comprehensive investigation will likely reveal these motivations. The defense attorney will be looking for inconsistencies, contradictions, or changes in the accuser’s statements, along with evidence of prior false allegations, dishonesty, or other conduct that undermines the accuser’s credibility.   

If the prosecutor’s case is weak, the defense attorney may file motions to dismiss the charges. When appropriate, the defense attorney can potentially negotiate with the prosecutor for a reduced charge or a lighter sentence if at least some of the allegations are credible.  Defense strategies must be coordinated across criminal and family law.

Contact a Davis County, UT Sex Crimes Attorney

The stakes could not be higher when you are facing sex crime allegations and a family law issue at the same time. An experienced Salt Lake City, UT sex crimes lawyer from Collins Rupp, P.C. is ready to help you get through this difficult time in the best way possible.  Attorney Collins began his career in the auto industry before switching to criminal law, while Attorney Rupp is a retired U.S. Marine Corps officer. Call 385-777-2753 to schedule your free consultation.