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Defense Strategies Against a Statutory Rape Charge
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.
Common Misunderstandings Regarding White-Collar Crimes in Utah
You have probably heard of the term “white-collar crime.” These crimes are generally non-violent, financially motivated, and involve unlawful access or stealing confidential financial information for personal gain. These crimes may include insurance fraud, identity theft, money laundering, embezzlement, or other deceptive business practices. While it is true that these crimes are non-violent offenses, that does not mean they are non-serious offenses.
Being convicted of a white-collar crime can tremendously affect one’s life and career. Such offenses can carry substantial fines and prison time. If you have been charged with a white-collar crime, understand that you could be at serious risk, even if you think you are not guilty. To protect yourself legally and pursue a favorable outcome in your case, consult with a knowledgeable white-collar crime attorney who can ensure your rights are protected and work with you to try to clear your name of the charges brought forth against you.
What to Do if You Have Been Charged with a Sex Crime in Utah
Being charged with a crime can be a terrifying experience. This is especially true when being charged with a serious crime, such as a sex crime. Defending yourself against a sex crime charge is no easy task. Due to the severity of such crimes, the police and community may assume you are guilty before any trial has taken place.
To put yourself in the best possible position for a positive outcome in your case, there are several things you should do when you are charged with a sex crime. At the outset, strongly consider consulting with an experienced sex crime defense attorney. This is the first step you should take to help prevent the prosecution from securing a conviction against you. A sex crime conviction could mean decades of prison time and the lifetime designation of being a sex offender.
What to Do When Faced with Sex Crime Charges
When faced with serious criminal charges, besides immediately hiring an attorney, there are several other things you should do, including:
Understanding Sex Crimes in Utah
Sex crimes are often perceived as being amongst the most despicable offenses that a person can engage in. They fall into a category where, even if you are acquitted, being associated with such acts can permanently ruin your reputation. Moreover, the potentially graphic and disturbing nature of sex crimes makes it likely that cases involving such acts will likely be highly publicized, putting even more pressure on the state to secure a conviction against you.
Because of public outcry about sex crimes, and the current social movement towards paying more attention sex crimes and prosecuting them more aggressively, the state's aggressiveness to secure a conviction against you can sometimes infringe on your constitutional rights. That being the case, if you have been accused of or charged with a sex crime, you must get legal counsel as soon as possible. Time is of the essence, and the sooner you meet with an attorney, the sooner your defense can begin getting prepared.
What are the Penalties for Child Pornography in Utah?
Utah is known for being a very family-friendly state, and its laws against sexually exploiting children in video and photographs are strict and highly punitive. The criminal record of those convicted of possession, creation, or distribution of child pornography can be devastating, requiring lifetime registration as a sex offender and the many unpleasant consequences that come along with that. If you are facing charges of sexually exploiting a child, get help from a Utah sex crimes defense attorney right away.
What is Sexual Exploitation of a Minor in Utah?
The law that applies to the sexual exploitation of a minor specifically relates to the production, possession, and distribution of child pornography. A child’s parents can also be charged under this law for knowingly allowing their child to be depicted in pornographic images or videos. Even if the child was not actually involved in sexual conduct, simply depicting the child as if he or she were is against the law.
Can Someone Go to Jail Over False Accusations of Rape?
Although many cases of rape accusations never move past the investigation phase for lack of evidence, there are innocent men in jail today because of alleged rapes they did not commit. If you have been falsely accused of or charged with rape or sexual assault, it is important to take this seriously and to immediately hire a criminal defense attorney with experience in Utah sex crimes charges. The sooner you can take charge of the situation, the better the outcome is likely to be.
What Should I Do if Someone is Falsely Accusing Me of Rape?
Despite studies suggesting that false accusations of rape are rare, the truth is that accusations are easy to make and can quickly have a devastating impact on the accused’s life. Utah’s conservative religious environment sometimes results in young women who feel guilty about voluntary sexual behavior trying to excuse it or cover up their culpability by accusing a young man of rape or sexual assault.
Circumstances That Can Elevate a DUI to a Felony Charge
A majority of DUIs are addressed at the misdemeanor level. Misdemeanors are generally regarded as lesser or minor offenses, commonly resulting in consequences such as probation or brief terms of incarceration. Felonies are regarded as more severe and troublesome offenses, commonly resulting in long terms of imprisonment and extreme socioeconomic harms, referred to as “collateral consequences.” In simple forms, DUIs are regarded as misdemeanors, however, circumstances showing significant elevation in the seriousness of the offense may cause a DUI to be prosecuted as a felony. Even as a first offense, a DUI may be charged as a felony given that an aggravating factor is present. If you have been charged with a felony associated with intoxicated driving, it is critical that you initiate communication with a qualified attorney at your earliest convenience. The seriousness of a felony DUI charge cannot be understated.
Is Marital Rape a Crime in Utah?
There is often a social presumption that sexual activity between spouses is always consensual. However, there is no such legal presumption. In Utah, even if you are married to the alleged victim, you could still be charged with rape if you use force or coercion to get your spouse to submit to sex. The only time that marriage provides any protection against a rape charge is if you are charged with statutory rape, but were married to the underage alleged victim. However, that exemption still only applies if your minor spouse actually consented. In all other cases, you could be convicted of rape in Utah for having nonconsensual sex with your spouse. If you are facing charges for the rape of your spouse, it is important to seek out high-quality legal representation at once.
The History of Marital Rape
Traditionally, marriage provided a complete defense to rape accusations. In the past, spouses could not be punished for having sex with each other, even if that sex was non-consensual. Many people believe that the marital exception to rape laws disproportionately affected women, who were the most common victims of spousal rape. These laws only began changing in the relatively recent past, and on a state-by-state basis. Today, marital rape laws can still vary between states, but in Utah, marital rape is rape.
Understanding Utah's Sex Offense Registration System
While all sex offenses are extremely serious crimes, some are more severely punished than others. In Utah, people who are convicted of a sex crime and required to register as a sex offender are stratified into different levels based on the seriousness of their crime and risk of reoffending. Registration in Utah can last ten years or a lifetime. No matter the designation, sex offenders face a number of difficulties in daily life. They may struggle with simple needs like finding housing and work. There is a heavy stigma attached to any type of sex offense. If you are facing charges of a sexual nature, it is important that you find a highly skilled attorney like those at Collins Rupp, P.C. to give you the best odds of beating the charge.
Crimes That Lead to Ten-Year Sex Offender Registration
In Utah, a number of crimes can land you on the Sex Offenders Registry for ten years. These offenders are those who have committed less serious sex crimes and are considered low-risk for reoffending. They must remain registered as a sex offender for ten years. Crimes that can lead to this designation include:
Could I Lose My Driver's License for a Drug Crime?
There are a number of reasons that Utah drivers could have their licenses suspended. Drunk driving charges will do it. Too many traffic tickets could also eventually lead to a suspension. Usually, the reasons for a license suspension have something to do with, well, driving. However, in Utah, a drug-related conviction could cause you to lose your driver’s license for up to six months even if you were nowhere near your car, let alone driving. There are steps an attorney can take that could help you avoid having your license suspended if you have been accused of a drug crime. If keeping your license is a high priority for you, then our lawyers can factor this into our defense strategy.
Utah Suspends Drivers Licenses After Most Drug Convictions
Generally, a six-month license suspension is almost automatic after a conviction for certain drug crimes, including drug possession or possession of paraphernalia. This happens even if the drug crime had nothing to do with driving. There is a general presumption that people who are willing to break the law to use an intoxicating substance very likely have a substance abuse problem - and may be likely to drive while intoxicated.
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