If you or a loved one has been charged with rape in Utah, there is no time to waste. Being charged and convicted for this crime can lead to devastating consequences. Obtain the legal counsel of an experienced, skilled, and knowledgeable criminal defense lawyer today.
To learn more about the specific circumstances surrounding your case in a free, confidential consultation, call the law offices of Overson Law today at (801) 405-9829.
What is Rape Under Utah Law?
Rape is a serious crime in Utah which can have significant repercussions in your overall life. The crime of rape is defined under Utah Code § 76-5-402. Under this statute, the crime of rape is having sexual intercourse with another person without his or her consent. Furthermore, this definition does not make a distinction between a married couple. In short, consent is the most important word on the statute. If there is no consent from the victim, the act can be defined as rape regardless of the person’s marital status.
In the State of Utah, rape is one of the worst crimes a person can be accused of committing. If found guilty and convicted, you can face severe criminal consequences which can include jail time, prison time, hefty fines, and other adverse outcomes.
Criminal Consequences for Rape in Utah
Utah, like many other states, categorizes crimes into two major groups: misdemeanors and felonies. Misdemeanors involve the commission of lesser crimes. On the other hand, felonies involve more serious crimes. These categories are sub-divided into different classifications. We will discuss each of these categories below:
Misdemeanors
Class C
- Sentence: Up to 90 days in jail
- Fine: $750
Class B
- Sentence: Up to six months in jail
- Fine: $1,000
Class A
- Sentence: Up to 1 year in jail
- Fine: $2,500
Felonies
Third Degree
- Sentence: Up to 5 years in prison
- Fine: $5,000
Second Degree
- Sentence: Up to 15 years in prison
- Fine: $10,000
First Degree
- Sentence: 5 years to life in prison
- Fine: $10,000
Compared to all other criminal offenses, first-degree felonies are the ones carrying the harshest consequences for the defendant. Rape is considered a first-degree felony in Utah. This means if you are found guilty and convicted of this crime, you may face severe consequences moving forward.
In addition to prison time and fines, you may have to register as a sex offender in the state, which can remain in your file forever. However, there are ways you can defend yourself against your rape charges. Our Salt Lake City rape attorneys can help you build a solid defense and support you throughout the entire process.
Are There Any Defenses Available for Defendants Charged with Rape?
Every rape case is different, and possible defenses and strategies can change depending on the specific circumstances surrounding your case. Some possible defenses our lawyers can handle depending on the particular circumstances of your case include:
Alibi
One of the possible defenses in a rape case involves an alibi. An alibi is an argument raised by the defendant to establish he or she was at another location at the moment of the alleged rape. As a defendant, you will have the burden of proving your defense argument and convincing the court by presenting compelling evidence to establish your alibi.
Consent
Another possible defense for your case may be the presence of consent. As a defendant, you may allege that there was not a case of rape because the plaintiff consented to the sexual act. Most of the time this defense can be tough to prove, but there may be a way to establish that the plaintiff consented to the sexual act. Our skilled criminal defense attorneys can help you determine whether the defense of consent is viable for your case.
Incapacity
A defendant may be able to raise a defense argument based on incapacity or lack of mental capacity. There may be cases where the defendant’s mental condition prevented him or her from knowing or understanding what they were doing. In these cases, the court may be more lenient when evaluating the circumstances surrounding the alleged crime. Keep in mind raising this defense argument means you will need to show evidence supporting your mental condition or incapacity. Our knowledgeable criminal defense lawyers can help you through the entire process.
Salt Lake City Rape Defense Attorneys Offering Free Consultations
At the law offices of Overson Law, PLLC, we understand the difficulties associated with rape charges in Utah. If you or someone you know have been charged with rape in Salt Lake City, or anywhere else in Utah, you need immediate legal representation. Our Salt Lake City defense attorneys can help you build a robust and strategic defense to fight off your charges. To learn more about your case in a free, confidential consultation, call our law offices today at (801) 405-9829.