Paul Horton: Date Rape

Date Rape

Rape accusations are some of the most damaging for an individual. Whether the accused is found guilty or innocent of a rape crime, the stigma attached to those convicted can last a lifetime. In the state of Utah, date rape penalties are severe.

Lengthy prison time, fines, mandatory sex offender registry, and loss of reputation are just some of the consequences of a date rape conviction.
If you have been charged with date rape, your freedom and reputation are both at stake. You need an attorney who is accustomed to taking on these types of offenses, and who has a history of success in the courtroom.

Date Rape Information Center

Date Rape Defined
Penalties for Date Rape
Defenses Against Date Rape

Date Rape Defined- §76-5-402

Utah code treats the definition of rape as a catchall, therefore, there is no specific statute defining date rape. Utah defines rape as an actor having sexual intercourse with another person without the victim’s consent.

Penalties for Date Rape

Due to the lack of a specific statute dealing specifically with date rape, the penalties for this offense mirror those for a standard rape offense.

Date rape is a first-degree felony typically punishable by a minimum of five years to life imprisonment. These penalties are adjusted according to specific circumstances including whether the actor was armed, the victim’s age, and whether this is the actor’s first offense.

Defenses against Date Rape

Unfortunately, it is not uncommon for a person to be accused of date rape on the basis of sexual activity which he or she believed to be consensual. This may occur due to the alleged victim changing his or her mind or feeling guilty about the fact that he or she engaged in sexual intercourse.

In some cases, the accuser may simply remember the facts differently than how they occurred. Even so, the prosecutor may move ahead with charges on the accuser’s word.

The best way to defend against accusations of date rape is to begin working with an experienced and effective sex crimes lawyer right away. Speaking about the accusations to anyone, especially not the accuser or the police is not advised.

Incest

Incest is a marital violation closely related to polygamy and sexual abuse of a child. While it rarely leads to prosecution, incest is a serious offense in the state of Utah and is considered a third-degree felony.

For this type of offense, the prosecution has the burden of proof, and if they fail to eliminate any reasonable doubt, you should not be convicted. In order establish some sort of reasonable doubt; you need a skilled lawyer who can aggressively defend her clients in the courtroom.

Incest Information Center

Incest Defined
Penalties for Incest
Utah’s Incest Resources

Incest Defined

Utah Code §76-7-102: a person is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, he or she knowingly engages in any of the following:

Sexual intercourse between the actor and a person the actor knows has kinship to him or her;
Provides or makes available his seminal fluid for the purpose of insertion or placement into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
Is a woman 18 years or older who knowingly allows insertion of seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and
Knows that the seminal fluid is that of a person with whom she has kinship; or
Provides a human egg or seminal fluid to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.

Penalties for Incent

Incest is a marital violation carrying a penalty of up to five years in prison, up to $5,000 in fines, or a combination of the two.
In addition to the legal penalties accompanying an incest conviction, the social stigma attached to involvement in an incestuous relationship can be extremely damaging to a person’s reputation.