Forcible Sexual Abuse in Utah: Insights from State v. Corry
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What Is Forcible Sexual Abuse in Utah?
Forcible Sexual Abuse is a serious felony in Utah, classified as a second-degree felony under Utah Code 76-5-404. This crime typically carries a mandatory 10-year sex offender registry requirement and a 1 to 15-year prison sentence. In some cases, the judge may grant jail time or probation.
Definition of Forcible Sexual Abuse in Utah
Forcible Sexual Abuse involves non-consensual touching of specific areas of a person who is 14 years or older, including:
- Touching the anus, buttocks, pubic area, or genitals of another individual.
- Touching the breast of a female.
- Taking indecent liberties with another individual.
Additionally, Forcible Sexual Abuse requires that the accused intended to touch the other person to either:
- Cause substantial emotional or bodily pain, or
- Arouse or gratify sexual desire.
Touching Above or Below Clothing
For the purposes of Forcible Sexual Abuse, touching above or below clothing—whether skin-to-skin or over the clothing—qualifies as illegal contact.
Key Differences Between Forcible Sexual Abuse and Other Utah Sex Crimes
Understanding the differences between Forcible Sexual Abuse and other Utah sex crimes like rape, child molestation, and aggravated sexual assault is critical:
- Use of Force: This type abuse is a non-consensual, forceable crime. Other sex crimes may involve consensual conduct between adults and minors under 18 years old.
- Age of the Victim: The victim must be 14 years or older. If the victim is younger than 14, the charges escalate to Sexual Abuse of a Child or Aggravated Sexual Abuse of a Child, resulting in harsher penalties.
- Areas of the Body Touched: This type of abuse involves non-penetrative acts. If penetration occurs, charges could be upgraded to Rape, Object Rape, or Sodomy.
First-Time Offenders: A Case Study of State v. Corry (2024)
In the case of State v. Corry, even a first-time offender with no prior criminal history faced significant prison time.
A 29-year-old assistant fire chief from Millard County was charged with multiple counts of sex offenses, including rape, object rape, forcible sexual abuse, and sexual battery. Corry eventually pled guilty to four counts as part of a plea deal, while other charges were dropped.
Presentence Investigation Report
Despite having no criminal history, the Presentence Report recommended prison time. The sentencing guidelines suggested up to 210 days in jail, but Corry had already served 568 days in pretrial detention.
Sentencing
The judge sentenced Corry to concurrent 1-15 year prison terms, demonstrating how serious Forcible Sexual Abuse charges can be, even for first-time offenders.
Need Help with Forcible Sexual Abuse Charges? Contact Utah Criminal Defense Attorney Jake Gunter
If you’re facing charges don’t hesitate to call or text Utah criminal defense attorney Jake Gunter at (801) 373-6345 for a free consultation. With extensive experience in handling sensitive cases, Jake Gunter can help you understand your rights and defend your case effectively.
Relevant Utah Law on Abuse
Effective 5/4/2022, Utah Code 76-5-404 outlines the penalties and definitions related to abuse:
- Indecent Liberties: Defined similarly to Section 76-5-401.1.
- Criminal Definition: An actor commits this type of abuse if:
- Without the consent of the individual, the actor:
- Touches the anus, buttocks, pubic area, or any part of the genitals of another individual.
- Touches the breast of another individual who is female.
- Otherwise takes indecent liberties with another individual.
- The actor intends to:
- Cause substantial emotional or bodily pain.
- Arouse or gratify sexual desire.
- The individual touched is 14 years or older.
- Penalties:
- This is a second-degree felony, punishable by 1 to 15 years of imprisonment.
- More severe penalties apply if serious bodily injury is caused.
