You’ve Been Charged with Statutory Rape—Now What?
You must take the charges very seriously if you have been charged with statutory rape in Salt Lake City. Statutory rape can be a felony or misdemeanor charge, depending on the ages of the accused and accuser. If the accused was 18 years or older, held a position of trust, and committed the offense against a person who was a student at the school where the accused worked, the offense is a third-degree felony.
If none of those statements are true and the accused is under the age of 21, the offense will be charged as a Class A misdemeanor, and if convicted, the individual will not be subject to the sex offender registry on a first offense. It is natural to be anxious about your future when facing statutory rape charges. Having an experienced Salt Lake City statutory rape lawyer from Conyers & Nix by your side will make a difference in the outcome of your charges.
Why Should You Choose a Salt Lake City Statutory Rape Lawyer from Conyers & Nix?
When choosing an attorney, you are making a huge decision that can make the difference between a conviction and an acquittal, or light sentencing vs. harsh sentencing. Attorneys Kate Conyers and Jesse Nix handled more cases as public defenders than most private attorneys ever handle. We’ve handled more criminal charges and spent more time in courtrooms, in front of judges, than most private attorneys. Our level of experience is hard to come by in the private sector, and our experience with prosecutors, judges, and courtrooms will benefit you and your case.
Our style is different from most attorneys. We are more willing to challenge the status quo and outspokenly fight bureaucracy if it results in a better outcome for you. We rarely accept a first plea offer because first offers are rarely in the best interests of our clients. We use creative legal strategies others might not think of, working together as a team. When you hire Conyers & Nix, you get the best of both of us. We do all trials together because two attorneys are better than one. When making this critical decision for your present and future, choose Conyers & Nix.
What is Statutory Rape?
Under Utah Code Section 76-5-401.1, statutory rape charges even apply in consensual sex cases where the defendant is at least ten years older than a 16- and 17-year-old minor. In some cases, you may not have known the minor’s age, but the law requires you to do so, even if the accuser lied about their age. That being said, certain strategies can be applied in some statutory rape cases to ensure these charges do not affect your future.
Is Statutory Rape a Felony or Misdemeanor in Utah?
If you are under 21 and are charged with statutory rape, you face a Class A misdemeanor with the following penalties in the event of a conviction: up to 364 days in jail and a fine of up to $2,500. The biggest difference between Class A misdemeanor statutory rape and third-degree felony statutory rape is the requirement to register as a sex offender: misdemeanor convictions are not registerable.
What Are Some Common Defenses to Statutory Rape?
Statutory rape is an unusual crime because your intent is not relevant; the ages of the accused and accuser are the most important facts. Even if an underage partner consents to sex, the sex is illegal and the accused will be criminally charged even when no force or coercion was used. Under the law, minors cannot consent to sex. Statutory rape laws exist to protect underage minors, even from themselves. Your legal defense will depend on various factors, including the specific facts and circumstances surrounding your charges. Some of the more common defenses to statutory rape include:
- Marital exception—Utah has an exception to statutory rape laws for legally married parties. This means that consensual sex between a married minor and their adult spouse is not illegal (marital rape, however, remains illegal).
- Romeo and Juliet exception—Utah, like many states, has what is known as a “Romeo and Juliet” exception to statutory rape. This exception is intended to prevent serious criminal charges against teens who engage in consensual sexual activity with someone close to their age. Teens who engage in consensual sexual activity while minors could still potentially be charged with unlawful adolescent sexual activity. For example, consensual sexual activity between a 16-year-old and a 13-year-old, or between a 15-year-old and a 12-year-old is considered a Class A misdemeanor with a potential sentence of up to a year in jail and a fine as large as $2,500. If the consensual sex is between a 17-year-old and a 14-year-old, or a 15-year-old and a 13-year-old, it is considered a Class B misdemeanor with potential punishments of up to six months in jail and a fine as large as $1,000.
- Illegally obtained evidence or confession—Statutory rape does not require the underage accuser to file a complaint. However, if the police obtain illegal evidence or coerce a confession out of a suspect, then the evidence may not be used against the accused.
- False allegations by the alleged victim and/or witnesses could be brought to light, resulting in the charges against the accused being dropped.
Is There a Statute of Limitations in Utah on Statutory Rape?
Although Utah recently dropped statutes of limitations for some violent sexual criminal offenses, statutory rape is not one of them. Statutory rape charged as a Class A, B, or C misdemeanor has a two-year statute of limitations. The statute of limitations is the window of time available to file charges for a criminal offense. If Class A misdemeanor statutory rape charges are not filed within two years, then they cannot be filed.
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How a Salt Lake City Statutory Rape Lawyer from Conyers & Nix Can Help
Statutory rape charges—especially when charged as a felony—are severe and can derail your future if you do not immediately contact an experienced Salt Lake City Statutory Rape Lawyer from Conyers & Nix. Attorneys Kate Conyers and Jesse Nix speak to clients differently—meaning during our initial consultation, we will listen more than we talk. We never judge and we answer calls, emails, and texts promptly. In short, we set up our clients for success, always looking for the best outcome. Contact Conyers & Nix today for the legal assistance you need.