Aggravated Sexual Assault Defense Attorney in Salt Lake City
According to the Salt Lake Tribune, one in ten sexual assault cases in Salt Lake and Utah counties end in a conviction, with police sending less than half of these cases to a prosecutor to be considered for charges. This same study also found that suspects who identify as people of color in Utah County were nearly three times as likely to be charged than white people. Finally, victims who were asleep and awakened to the assault are far more likely to have their sexual assault case prosecuted in these two counties.
Despite this low prosecution rate, if you have been charged with aggravated sexual assault you should take these charges very seriously. The penalties for aggravated sexual assault can be just as severe as those for other serious crimes. Having an experienced Salt Lake City aggravated sexual assault defense attorney from Conyers & Nix by your side—who also takes your charges very seriously—can make a difference in the outcome of your charges.
What is Aggravated Sexual Assault in Utah, and Do I Really Need a Salt Lake City Aggravated Sexual Assault Defense Attorney?
Aggravated sexual assault in the state of Utah is described under Utah Code Section 76-5-405. If bodily injury is caused to the victim during the rape, attempted rape, object rape, attempted object rape, forcible sodomy, attempted forcible sodomy, forcible sexual abuse, or attempted forcible sexual abuse, then the state may add aggravated charges that increase the charge and penalties. Aggravated charges may also be added if a weapon is used or there is a threatened use of a weapon, the victim is compelled to submit to rape by the threat of kidnapping, death, or serious bodily injury, or the assault is aided or abetted by one or more persons.
Because the charge of aggravated sexual assault carries such severe penalties, your choice of an attorney really matters. At Conyers & Nix, we believe in our clients and their ability to get through the challenges associated with these charges. We never judge our clients, because no one should be judged based on their very worst moment. What we will do is tell you the likely resolution and outcome to your case—both best and worst-case scenarios. We will answer all your questions in a comprehensive, easy-to-understand manner, letting you know at every turn that we have your back.
The experienced legal team of Kate Conyers and Jesse Nix offer zealous advocacy and exceptional representation that will best achieve your goals. We offer a thorough examination of evidence, along with meticulous preparation, and will fight for you, no matter the challenges. We treat every client with respect and will help you with other aspects of your life affected by your charges. We fully understand the seriousness of your charges and have the skills and knowledge to effectively manage your charges from start to finish.
What is the Difference Between Aggravated Sexual Assault and Another Sexual Assault Charge?
Sexual abuse in the state of Utah is known as “forcible sexual abuse.” Forcible sexual abuse occurs when a person who is 14 years old or older is touched by another person on the genitals, or the breast if the victim is female. Forcible sexual abuse occurs when the offender intends to cause “substantial emotional or bodily pain” to the person or intends to sexually arouse the person without their consent. Aggravated sexual assault is a much more invasive offense, while forcible sexual abuse can be from some form of minimally invasive—yet unwanted—contact.
What are the Penalties for a Utah Conviction of Aggravated Sexual Assault?
As a first-degree felony, aggravated sexual assault can result in a mandatory prison term of not less than 15 years up to life in prison. A person convicted of aggravated sexual assault may also be fined thousands of dollars and will be required to permanently register as a sex offender. Because these are devastating consequences, it is essential that you do not do face this on your own and that you have a knowledgeable Salt Lake City aggravated sexual assault defense attorney from Conyers & Nix by your side.
What are the Potential Defenses for Aggravated Sexual Assault?
Although the defense used by your attorney will depend on the exact circumstances and facts surrounding your charges, the following are some of the common defenses used in aggravated sexual assault charges.
- Actual innocence—If you have an alibi for the time of the assault, then your attorney can present evidence that proves you were elsewhere at the time of the crime. You may also have been misidentified by the victim as the person who committed the crime or your attorney may be able to present evidence that makes it impossible for you to have committed the crime. The prosecutor has the burden of proof in showing you are guilty beyond a reasonable doubt, so your attorney will build a case that shows there is plenty of reasonable doubt and that you did not commit the crime.
- Consent—Perhaps you are responsible for the behavior in question, but the victim consented to the act. One of the elements of sexual assault is that the sexual behavior was against the will of the alleged victim. Proving consent can be difficult and controversial—and may require that you testify. Remember, in some cases, consent is legally impossible such as when the victim is a minor, incapacitated, mentally challenged, or incapable of understanding the sexual nature of the behavior.
- Insanity or mental incapacity—Defendants may claim they had a mental disease or defect at the time of the crime that removes criminal liability for their actions.
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How Conyers & Nix Can Help You
After being charged with aggravated sexual assault, you may feel as though you have nowhere to turn. You are anxious, stressed, and terrified that you may go to prison and that you could also have a permanent stain on your reputation. The Conyers & Nix legal team want you know that you are not alone. We have extensive experience defending clients charged with sex crimes and we will not only protect your legal rights, we will be the advocate you need and deserve through this difficult process. Contact Conyers & Nix today for the very best in legal representation.