Defense Strategies Against a Statutory Rape Charge

 Posted on December 26, 2022 in Sex crimes

In Utah, cases involving sex crimes are investigated and prosecuted with the utmost seriousness. However, the law involving such crimes can be confusing, especially for charges involving statutory rape. Under Utah law, statutory rape occurs when a defendant engages in consensual sexual contact with a minor who, because they are a minor, is too young to consent to the sexual contact. Moreover, the defendant must know or should have reasonably known the age difference before engaging in the sexual encounter. For this blog, we will delve deeper into what strategies are available for those charged with statutory rape.

At the outset, if you have been charged with statutory rape, understand you are in serious legal jeopardy. Being convicted of such a charge can land someone in prison while also requiring the convicted individual to register as a sex offender for the rest of their life, which can devastate someone’s life and career. Therefore, if you have been charged with statutory rape, do not hesitate to reach out to a knowledgeable sex crimes attorney who will work to ensure your rights are protected and that the most favorable outcome possible is pursued in your case.

Strategies for Defending Against Statutory Rape Charges in Utah

Depending on the state, few strategies are generally available to combat a statutory rape charge. Luckily, in Utah, there are options available for one’s defense. These options include the following: 

• Age gap between parties – You may be surprised to learn that Utah has laws referred to as “Romeo and Juliet laws.” These laws protect young couples who are near the same age. These laws may apply when each party starts dating in high school and then continues after one in the party turns 18. If you were close in age to the person, you are accused of committing statutory rape against, you have likely not done anything illegal.

• No awareness of age – Teenagers often use fake IDs to get admittance into bars and clubs. If you met someone in an age-restricted club or bar, you could reasonably assume that person is of consenting age. Therefore, if you engage in sexual contact with the person you met at the age-restricted bar or club, and it turns out they lied to you and the establishment regarding their age, you are likely not guilty of a sex crime offense.

• Sexual contact did not occur – Unfortunately, false accusations of sex crimes are frequently made by minors or their families. A strong defense against such charges may be showing that you were not with the accused at the time of the alleged offense. Another defense may be showing that the accuser has the motive to lie against you.

Contact a Davis County Sex Crimes Lawyer

If you have been charged with statutory rape in Utah, consider consulting with the highly experienced and able Salt Lake City sex crimes attorneys with Collins Rupp, P.C.. Call 385-777-2753 today for a free consultation.

Source: https://le.utah.gov/xcode/Title76/Chapter5/76-5-S401.html