Sexual offenses include rape, statutory rape, sexual assault and a host of more serious and lesser offenses. With sex crimes, allegations immediately effect the reputation of the accused. Fillmore Spencer LLC sex crime defense lawyers aggressively represent your case, thoroughly examining the background of the accuser and all evidence, testimony and police reports. We represent Utah Valley residents against all manner of sex crime charges, including:
- Aggravated sexual assault — Aggravated sexual assault is rape either committed with the threat or use of a weapon, or causing serious bodily injury. It also may be charged based on a pattern of sexual assaults.
- Bigamy and polygamy — If you’re already married and you cohabit with someone other than your spouse, you can be charged with bigamy. However, in late 2013, a federal district court ruled that Utah law forbidding cohabitation violates the First Amendment of the U.S. Constitution.
- Child pornography (sexual exploitation of a minor) — The possession of child pornography is a second-degree felony that often results in jail time and a fine, and confiscation of your computers, smart phone and other electronic devices.
- Incest — Utah defines incest as sexual relationships between immediate family members related by blood or adoption, and between first cousins, and includes artificial insemination between the same. Incest is a third-degree felony. Defenses of consent, marriage and even low mental capacity are not permitted.
- Internet sex crimes — Charges for Internet sex crimes can include child pornography possession, production and distribution, cyberstalking, predatory criminal sexual assault, solicitation of a minor and voyeurism (photographing parts of a person’s body without their consent).
- Lewd conduct — Showing people your private parts without their consent, doing so in public, masturbating in public or anything publicly indecent can be considered lewdness.
- Prostitution — In Utah, a person is guilty of prostitution when they engage in any sexual activity with another person for a fee, are an inmate of a “house of prostitution,” or loiter in or within view of any public place for the purpose of being hired to engage in sexual activity. Prostitution is a class B misdemeanor, but a second conviction ups the charge to a class A misdemeanor. A person who exploits prostitution is charged with felony of the third degree. A person who patronizes a prostitute is subject to a class B misdemeanor.
- Rape — Utah law defines statutory rape as an adult (18 or older) having sex with a minor (15 or younger), even if the sex is consensual. This does not apply if the participants are married to each other — either party’s right to refuse involuntary sex is still protected under law, however.
- Sexual abuse of a child or minor — This is the unlawful touching of a child under 14 years old with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person.
- Soliciting a minor — This crime occurs most often under the veil of relative anonymity afforded by the Internet. Authorities constantly monitor Internet activity, subpoena Internet service providers and compile evidence in order to make the arrest.
Defense for any of these charges requires a savvy criminal defense lawyer who not only understands Utah law but also knows how the prosecution thinks, where charges and sentencings can be negotiated and when and where to raise reasonable doubt.
