Top Priority – Finding the Right Attorney
Not every attorney is qualified to handle the level of complexity and seriousness that is involved in many Utah sex-related criminal defense cases. Obtaining the assistance of a top attorney needs to be your first priority.
Regardless of the level of offense or the nature of the allegation, any accusation of sexual misconduct should be taken seriously. Before going to court, before talking to police, before making any statements or decisions, it is vital that you first speak with an experienced criminal defense attorney.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
Presumption of Innocence in Sex-Related Cases
Not every person who is accused of a crime is guilty. Each person who is charged with a crime, no matter how serious, is entitled to the presumption of innocence.
When allegations of rape, sexual abuse, or child molestation are made, the effects on your life can be immediate. News media and society in general generally do not wait for a jury verdict before condemning the person who has been accused.
Police investigations may seem more like an effort to gather evidence to prove the guilt of the defendant rather than a balanced search for truth. Having good legal representation from the very beginning is therefore critical.
The best attorneys understand your case involves more than just what happens in court.
Common Defense Issues in Sex Offense Allegations
Conduct – Did it happen?
Did it actually happen? The question may seem obvious, but there are well-documented cases that have involved false allegations of sexual abuse and other sex-related crimes.
As noted above, a person charged with a crime is presumed to be innocent. The government must meet its burden of proving beyond a reasonable doubt that the conduct alleged as forming the basis of the criminal charge is conduct that actually happened. If witnesses are unavailable or unwilling to testify to facts supporting the allegations, if witnesses do not accurately remember events, if witnesses recant or change their stories, the government may not be able to prove beyond a reasonable doubt that the conduct in question actually occurred.
Identity – Who did it?
Sometimes something bad may have happened, but it is not clear who did it. Sometimes, the the person who gets charged is simply not the person who did it. Police can and do unintentionally charge innocent people.
A good defense strategy should be designed to help you achieve your goals.
Consent – Was there consent?
When a sex-related charge involves an adult as the alleged victim, consent is often the most important element in dispute. Conduct between consenting adults is generally not punishable as a crime. The same conduct committed without consent can form the basis of extremely serious criminal charges. Consent can be the difference between an acquittal and a sentence of life in prison.
In cases involving a child as an alleged victim, consent is often completely irrelevant. Under Utah law, many sex-related offenses involving children do not include consent as an element of the crime. In cases where consent is still technically a required element, Utah statutes declare that a minor under the age of 14 is legally not capable to giving consent.
Utah law also establishes circumstances under which conduct involving a victim between the ages of 14 and 18 will be treated as non-consensual even if consent is given. These circumstances can include allegations of conduct committed by a person in a “position of special trust” or conduct where the defendant “entices or coerces” the minor to submit or participate in the conduct.
The best attorneys know how to fight, what to fight, and when to fight.
Mitigation – What if I am convicted?
In virtually every criminal prosecution, there is a possibility that the defendant will be convicted. The conviction may not be for the offense originally filed by the government or at the level originally charged. But in any case involving allegations of sexual misconduct, it is wise to consult with your attorney about the possibility of building a mitigation case.
A strong mitigation case can be helpful in the event of a conviction and sentencing hearing. Good mitigation can also assist in the negotiation process and can sometimes lead to a better ultimate outcome than taking the case to a full jury trial. Discussing all options with your attorney is important.
Consequences of an Accusation or Conviction
Sexual assault and other sex-related criminal charges in Utah can carry penalties that vary dramatically based on the specific conduct that is alleged and on the age of the alleged victim. Charges of sexual abuse involving a minor child can carry prison terms with a mandatory minimum of 25 years and that may be as long as life in prison. Allegations involving adult victims can result in charges ranging in severity from rape and other first-degree felony offenses to the much less serious offense of misdemeanor sexual battery. Mandatory sex offender registration can be a consequence in many cases.
Facing accusations or being investigated for allegations of sexual abuse or sexual assault can have significant consequences even before you are formally charged in Utah’s criminal courts system. Even a simple uncorroborated allegation relating to sexual misconduct can result in community stigma, problems with employment, family discord, and many other life disruptions. A formal police investigation can take over your life in ways you may not have imagined possible.
Finding the Right Defense Attorney
A conviction for a sex-related offense, whether as a result of a negotiated plea or a verdict of guilty following a full jury trial, the penalties that may be imposed by the court at sentencing are substantial. Many charges carry mandatory sentencing requirements including lengthy prison terms.
If you are facing prosecution for a sex offense, consultation with an experienced attorney is vital. Contact us directly for a confidential consultation. See what the right defense team can do for you.
