Date Rape

Date Rape

Rape accusations are some of the most damaging for an individual. Whether the accused is found guilty or innocent of a rape crime, the stigma attached to those convicted can last a lifetime. In the state of Utah, date rape penalties are severe.

Lengthy prison time, fines, mandatory sex offender registry, and loss of reputation are just some of the consequences of a date rape conviction.
If you have been charged with date rape, your freedom and reputation are both at stake. You need an attorney who is accustomed to taking on these types of offenses, and who has a history of success in the courtroom.

Date Rape Information Center

• Date Rape Defined
• Penalties for Date Rape
• Defenses Against Date Rape

Date Rape Defined- §76-5-402

Utah code treats the definition of rape as a catchall, therefore, there is no specific statute defining date rape. Utah defines rape as an actor having sexual intercourse with another person without the victim’s consent.

Penalties for Date Rape

Due to the lack of a specific statute dealing specifically with date rape, the penalties for this offense mirror those for a standard rape offense.

Date rape is a first-degree felony typically punishable by a minimum of five years to life imprisonment. These penalties are adjusted according to specific circumstances including whether the actor was armed, the victim’s age, and whether this is the actor’s first offense.

Defenses against Date Rape

Unfortunately, it is not uncommon for a person to be accused of date rape on the basis of sexual activity which he or she believed to be consensual. This may occur due to the alleged victim changing his or her mind or feeling guilty about the fact that he or she engaged in sexual intercourse.

In some cases, the accuser may simply remember the facts differently than how they occurred. Even so, the prosecutor may move ahead with charges on the accuser’s word.

The best way to defend against accusations of date rape is to begin working with an experienced and effective sex crimes lawyer right away. Speaking about the accusations to anyone, especially not the accuser or the police is not advised.

Incest

Incest is a marital violation closely related to polygamy and sexual abuse of a child. While it rarely leads to prosecution, incest is a serious offense in the state of Utah and is considered a third-degree felony.

For this type of offense, the prosecution has the burden of proof, and if they fail to eliminate any reasonable doubt, you should not be convicted. In order establish some sort of reasonable doubt; you need a skilled lawyer who can aggressively defend her clients in the courtroom.

Incest Information Center

• Incest Defined
• Penalties for Incest
• Utah’s Incest Resources

Incest Defined

Utah Code §76-7-102: a person is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, he or she knowingly engages in any of the following:

• Sexual intercourse between the actor and a person the actor knows has kinship to him or her;
• Provides or makes available his seminal fluid for the purpose of insertion or placement into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
• Is a woman 18 years or older who knowingly allows insertion of seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and
• Knows that the seminal fluid is that of a person with whom she has kinship; or
• Provides a human egg or seminal fluid to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.

Penalties for Incent

Incest is a marital violation carrying a penalty of up to five years in prison, up to $5,000 in fines, or a combination of the two.
In addition to the legal penalties accompanying an incest conviction, the social stigma attached to involvement in an incestuous relationship can be extremely damaging to a person’s reputation.

Utah’s Incest Resources

RAINN: This organization aims to fight incest, sexual assault, and to work towards prevention through education.

National Center for Victims of Crime: This organization provides services for victims of crime and statics on various crimes throughout the country.

Free Consultation with Date Rape Lawyer

Do you need a criminal defense lawyer? If so, please give our office a call for your free consultation (801) 676-5506. We want to help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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