A rape conviction is one of the most serious offenses a person can face. Utah law enforces very a series of different punishments for rape convictions. Some of these include required registry as a sex offender, a permanent criminal history, fines, or even life imprisonment.
Because of the seriousness of the consequences presented by this offense, it is imperative to seek adequate legal representation to handle these types of allegations.
Rape Defense Attorney in Salt Lake City, Utah
With more than 28 years of experience in criminal defense in Utah, Susanne Gustin has successfully defended clients against a variation of sex crime charges including aggravated sexual assault, rape, and solicitation. She is well respected in the Utah courts for passionately defending the accused. Susanne Gustin has a proven record of finding the best defenses for her clients. She will work hard on your behalf towards a solution. Don’t look any further than Susanne Gustin if you’re in need of a rape and sexual assault attorney in the Salt Lake City area.
If you have been faced with any of the aforementioned offenses or a similar offense, contact Susanne Gustin, Attorney at Law at 801-243-2814 or submit an online survey to schedule a consultation with a Salt Lake City sex crimes attorney to discuss your options. Susanne Gustin, Attorney at Law services those accused of sex crimes throughout Salt Lake County and Davis County, and surrounding communities in Salt Lake City, West Valley City, Layton Bountiful, West Jordan, and Sandy.
Utah Rape Information Center
- Rape defined under Utah law
- Penalties for Rape and Sexual Assault
- Possible Defenses to Rape in Utah
- Types of Rape and Sexual Assault
- Sexual Assault and Rape Statistics in Utah
- Utah Rape Resources
What Classifies as Rape Under Utah Law?
Facing accusations of any type of sexually motivated crime can be extremely terrifying for both your reputation and future. However, few crimes carry the same heavy stigma as rape under Utah law. The statute for rape can be found under Utah Code § 76-5-402 and § 76-5-406, which state a person must be guilty of the following to be convicted of rape.
- The defendant intentionally, recklessly, or knowingly had sexual intercourse with the alleged victim;
- The act was committed without the alleged victim’s consent; and
- The defendant acted with the intent, recklessness, or knowledge that the victim did not consent to the act
Penalties for Rape in Utah
Rape is a first-degree felony punishable by a minimum of five years to life; minimum 15 years to life in the event that the accused has caused serious bodily injury to the victim; or life without parole if the defendant was previously convicted of a grievous sexual offense.
Possible Defenses to Rape in Utah
Every case is different and what defense is applicable may change depending on the specific circumstances surrounding your case. The following are some possible defenses your attorney can implement to cast reasonable doubt on your rape charges.
- Consent – To convict you of rape, the prosecution must prove the victim withheld consent and that was clear to you as the offender. A skilled rape defense attorney can utilize the facts of the case to prove that the victim did give consent either directly or indirectly. If the prosecution is unable to prove the victim didn’t consent, then they won’t fulfill an element of your case and you may have grounds to have it dismissed.
- Incapacity – Your attorney may be able to raise the defense that your incapacity or lack of mental capacity was why you committed the act. This defense is where you present evidence of your mental condition preventing you from knowing or fully understanding the full scope of your actions. Usually, the court will grant a much more lenient sentence if the defense can prove the defendant didn’t understand the difference between right and wrong.
- Alibi – Having an alibi will establish you could have never committed the crime because you weren’t at the scene. As the defendant, you will have the burden of proving that argument by convincing the court you were at another location. Some evidence used for an alibi can be phone records, CCTV cameras, and eyewitnesses.
Types of Rape in Utah
In Utah, rape cases are classified based on who the victim and preparator was. The following are the various types of rape crimes under Utah law.
- Statutory Rape – Although consensual, the act of statutory rape is illegal because the age difference between the couple is too large to be considered consensual under the law. Utah law states it’s illegal for an adult (someone over the age of 18) to have sex with a child (any person 15 or younger). The only exception to this is if the couple were married or they fit the criteria for the “Romeo and Juliet” exemption.
- Acquaintance Rape – Rape committed by someone who the victim knows is called acquaintance rape. Some examples for acquaintance rape include classmates, coworkers, or even a mutual friend.
- Date Rape – A subtype of acquaintance rape, where the preparator uses a drug to sedate the victim and assault them. Most date rape cases involve the drug gamma hydroxybutyrate, also known as GHB.
- Campus Rape – When a person is raped while attending a higher education institution then it’s referred to as campus rape. This can happen at a college, technical school, or community college.
- Gray Rape – The term gray rape is when the circumstances around the rape are unclear. The event may include alcohol or circumstances where there may have been consent at some point, but then it was withdrawn. The facts around the rape are very gray, hence the name.
- Marital Rape – Instances where one spouse rapes another is known as marital rape. Although the spouse may have consented at some point in the past, that does not mean there is universal consent and marital rape can still take place.
Sexual Assault and Rape Statistics in Utah
Unfortunately, the state of Utah has seen an uptick in rape and sexual assault cases over the last 20 years. Utah is now one of the few states where rape is the only violent crime that occurs at a higher rate than the rest of the nation. Not to mention the fact that the majority of rapes are never reported to law enforcement (88.2%), so these numbers may not be even more severe. The ones who did disclose of their rape or sexual assault are recorded annually in a report by the Utah Department of Health.
The following are some statistics for rape and sexual assault in Utah collected by their Department of Health.
- One in eight women (12.4%) and one in 50 men (2%) will have experienced rape or an attempted rape in their lifetime
- One in three women in Utah will experience some sort of sexual violence in their lives
- 2% of female high school students and 5.8% of male high school students reported they were physically forced into sex when they didn’t want to
- In Utah, the reported rape rate was 63.7 per 100,000 females compared to the national rate of 57.4 per 100,000 females
- 7% of females who suffered from sexual assault or rape experienced it before their 18th birthday
- Between 80% and 93% of the victims knew their attackers beforehand
Utah Rape Crime Resources
Utah Megan’s Law Information– Information for probationers and parolees, probation parole conditions, and resources for sex offenders to avoid further legal complications.
Salt Lake City Rape Recovery Center– Explanation of the criminal process and more preliminary procedures.
– Sex crime statistics for Utah and subsequent sentencing information.
Salt Lake City Attorney for Rape Charges in UT
If you have been charged with unlawful sexual conduct in Utah, contact Susanne Gustin, Attorney at Law at 801-243-2814 for a consultation. Susanne Gustin is an experienced sex crime defense attorney who will act in explore your legal options. Get started on your defense now with an experienced rape defense attorney today with Susanne Gustin.
Call Susanne Gustin, Attorney at Law at 801-243-2814 for a free consultation about your alleged sexual crime charges in Salt Lake County or Davis County, including Salt Lake City, Taylorsville, Riverton, Midvale, Clearfield, Layton, and surrounding communities.
