Utah Criminal Defense

Object Rape and Rape

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PROVO/OREM SEX CRIMES CRIMINAL DEFENSE LAWYER.  (801) 373-6345.  Free consult.  UTAH SEX OFFENSE DEFENSE LAWYER

UTAH’S OBJECT RAPE STATUTE

What is “Object Rape” in Utah?   Simply put, it is penetration of the anus or genitals of a person who is 14 years or older. Regardless of whether that 14 year old plus person is male, female or transgendered.  Penetration of the genitals or anus can be however slight, and is accomplished with an object, fluid, device or any part of the human body, excluding the mouth or genitals.

Object Rape is different from Rape in that Rape is having vaginal sex with a person without their consent.  Rape doesn’t involve objects, fluids, devices or other parts of the human body excluding the mouth or genitals.  Object Rape of a Child is very similar to adult Object Rape except it applies to child victims under the age of 14 years old.  Rape of a Child is similar to adult Rape, but involves children under the age of 14 years old.  Child rape is one of the most serious criminal charges in Utah.  Mandatory minimums are extremely long and these cases often turn on “he said she said” allegations, forcing the jury to decide who is telling the truth.

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Utah Penalties for Object Rape.

(1).         Five years mandatory minimum, up to life in prison for object rape.
(2).         Fifteen years mandatory minimum, up to life in prison if the jury finds that during the commission of the object rape, you caused serious bodily injury.
(3).         Life without parole if you have previously been convicted of a “grievous sexual crime.”

Utah Penalties for Object Rape of a Child.

(1).         Object rape of a child is a first degree felony punishable by 25 years and up to life.
(2).         Life without parole if the jury or judge finds that during the commission of the object rape, you caused the child serious bodily injury, or you have similar grievous sexual offense prior convictions.

Utah Penalties for Rape of a Child.

(1).         Rape of a child is a first degree felony punishable by 25 years and which may be for life.
(2).         Life without parole if the jury or judge finds that during the commission of the object rape, you caused the child serious bodily injury, or you have similar grievous sexual offense prior convictions.

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Utah Penalties for Rape.

(1).         Rape is a felony of the first degree, punishable by a term of imprisonment of not less than five years and which may be for life.
(2).         The prison sentence can be 15 years and which may be for life, if the trier of fact finds that you during the course of the commission of the rape you caused serious bodily injury to another; or at the time of the commission of the rape, you were younger than 18 years of age and were previously convicted of a grievous sexual offense; or life without parole, if the trier of fact finds that at the time of the commission of the rape you were previously convicted of a grievous sexual offense.

Grievous Sexual Offenses under Utah Law.

Grievous Sexual Offenses” in Utah are used in calculating and consideration of enhanced penalties. If during the course of the trial, the jury or judge finds that the defendant has prior convictions for a “Grievous Sexual Offense,” the penalty can be “Life Without the Possibility of Parole” (“LWOP”).
Utah law defines the following crimes as “Grievous Sexual Offenses:”
Rape – § 76-5-402
Rape of a Child – § 76-5-402.1
Object Rape – § 76-5-402.2
Object Rape of a Child – § 76-5-402.3
Forcible Sodomy – § 76-5-403(2)
Sodomy on a Child – § 76-5-403.1
Aggravated Sexual Abuse of a Child – § 76-5-404.1
Aggravated Sexual Assault – § 76-5-405

Cross-Examination. 

Often he said-she said cases turn precisely on the credibility of the complaining witness.  Hiring an attorney with excellent cross-examination skills is critical for your case.  Only experienced criminal defense attorneys who have years in the courtroom possess adequate cross-examination skills.  Occasional courtroom lawyers simple don’t have enough time under their belt to understand cross-examination.

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Cross-examination skills in “she said-he said” is critical and can turn your case.

Seek an Experienced Criminal Defense Attorney. Nearly 20 years’ experience in the courtroom, across two states, federal and military tribunal.   Call Jake Gunter at (801) 373-6345 for a free consultation.   Provolawyers.com

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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