In this country, sex crimes involving children are taken very seriously. Furthermore, crimes involving rape and sexual assault are some of the most serious allegations a person may face. More specifically, sodomy upon a child charges is some of the most damaging offenses.
The mere appearance of improper conduct with a child can scar an individual for life. A person’s reputation, career, and freedom are all in jeopardy when a conviction is on the line.
While a defense can be built for your case, it is imperative to start preparing as soon as possible.
Defense Attorney for Sodomy on a Child in Salt Lake City, UT
Whether you have been accused of sodomy on a child, rape, or another sexually motivated crime, Susanne Gustin can help. She will work to protect your rights and to develop a strategy fit to your circumstances. Don’t wait another moment to secure an experienced sex crimes defense attorney today and call Susanne Gustin, Attorney at Law.
Call Susanne Gustin, Attorney at Law at 801-243-2814 to schedule your free consultation to discuss your charges with an Salt Lake City attorney for sodomy on a child. We accept clients throughout the greater Salt Lake County and Davis County area including West Valley City, Sandy, West Jordan, Murray, South Jordan, Taylorsville, Millcreek, Holladay, and Cottonwood Heights.
Sodomy on a Child Information Center
- Sodomy on a Child Defined
- Penalties for Charges regarding Sodomy on a Child
- Special Relationships with the Victim
- Utah Resources for Sex Crimes Against Children
What Constitutes as Sodomy on a Child in Utah?
Any sexually motivated crime in Utah has harsh penalties and sodomy on a child is no exception. The elements of the crime can be found under the Utah Code § 76-5-403, which state a person is guilty of sodomy on a child if they engage in the following:
- Any sexual act upon or with a child who is under the age of 14; and
- The act involved the alleged victim’s genitals or anus of the actor or the child and the mouth or anus of either person
Additionally, Utah law allows sodomy on a child to be enforced as a statutory charge. Essentially, this means the charge can be applied to cases in which the alleged victim is younger than the official age of consent in Utah. This applies even if the alleged victim willingly engaged in sexual relations with the defendant.
What’s the Penalty for Sodomy on a Child in Utah
The penalties for sodomy on a child could uproot your whole life. If convicted, you could face a first-degree felony. That’s the highest level of offense a person can face in the Utah justice system. Depending on the circumstances of the crime you could face the following:
- A minimum of 25 years in prison and a maximum of life; or
- Life without parole, if the court discovers that:
- During the commission of the crime the defendant caused serious bodily injury to the victim or another; or
- At the time of the offense the defendant had been previously convicted of a grievous sexual offense
Take note, if you were younger than 18 years old at the time of the offense you will not face life without parole. When imposing your sentence, the court may sentence you to a reduced term of imprisonment if:
- This is your first offense;
- You were younger than 21 at the time of the offense; and
- The court determines a lesser term should be imposed in the interest of justice after examining the facts/circumstances of the case which includes the age of the victim
If the above conditions are met, then the court may impose a term of imprisonment of no less than the following:
- 15 years;
- 10 years; or
- 6 years
Special Relationships with the Victim
If you have a “special relationship” (father, coach, teacher, uncle, etc.) with the alleged victim, you could be charged with aggravated sexual abuse of a child as well as sodomy upon a child.
These sex offenses are very serious and require the attention of a lawyer who has defended them before.
Forcible Sodomy on a Child in Utah
Another crime commonly associated with sodomy on a child is forcible sodomy. The statute for forcible sodomy can be found under Utah Code section 76-5-403. It states a person is guilty of forcible sodomy if they commit sodomy on another without their consent. In the context of this crime, a minor is defined as a person who is 14 or younger than 14 years old.
Forcible sodomy is a first-degree felony which can result in no less than 5 years in prison with a maximum of life. The court may enhance the minimum to 15 years if the court discovers during the course of the crime serious bodily injury occurred or the defendant was under the age of 18 and previously convicted of a grievous sexual offense. If the defendant was an adult during the commission the offense and had a prior grievous sex offense conviction, then they will be sentenced to life without parole.
Utah Resources for Sex Crimes Against Children
Sodomy on a Child | Utah Criminal Code – Follow the link provided to read the section of the criminal code governing sodomy on a child. You can read the precise legal definition of the crime, how it’s charged and factors the court will consider when imposing a sentence. The code can be read on the official website of the Utah Legislature.
Prevent Child Abuse Utah– This organization provides child care referrals, emergency hotlines, and other support for child abuse prevention and education.
Sodomy on a Child Defense Attorney in Salt Lake County, UT
Take advantage of your free consultation with Susanne Gustin. She will examine your case with you, and explain your options. Call Susanne Gustin, Attorney at Law at 801-243-2814 to schedule an appointment with an knowledgable sodomy on a child attorney in the Salt Lake City area.
Susanne Gustin, Attorney at Law services clients in Salt Lake City, Davis County, Layton County, and several surrounding counties in the greater Salt Lake City metropolitan area.
