St. George, Utah, Rape Charge Defense Attorneys
Definition of Rape
Common definitions for rape are:
1) n. the crime of sexual intercourse (with actual penetration of a woman's vagina with the man's penis) without consent and accomplished through force, threat of violence or intimidation (such as a threat to harm a woman's child, husband or boyfriend). What constitutes lack of consent usually includes saying "no" or being too drunk or drug-influenced for the woman to be able to either resist or consent.
"Date Rape" involves rape by an acquaintance who refuses to stop when told to. Defense attorneys often argue that there had to be physical resistance, but the modern view is that fear of harm and the relative strengths of the man and the woman are obvious deterrents to a woman fighting back.
Any sexual intercourse with a child is rape and in most states sexual relations even with consent involving a girl 14 to 18 (with some variation on ages in a few states) is "statutory rape," on the basis that the female is unable to give consent.
2) v. to have sexual intercourse with a female without her consent through force, violence, threat or intimidation, or with a girl under age. Technically, a woman can be charged with rape by assisting a man in the rape of another woman.
Dissatisfied with the typical prosecution of rape cases, women have been suing for civil damages for the physical and emotional damage caused by the rape, although often the perpetrator has no funds.
Protection services for rape victims have been developed by both public and private agencies. On the other side of the coin, there is the concern of law enforcement and prosecutors that women whose advances have been rejected by a man, or who have been caught in the act of consensual sexual intercourse may falsely cry "rape."
Utah Criminal Code Definition of Rape
The Utah Criminal Code, 76-5-402, defines Rape this way:
- A person commits rape when the actor has sexual intercourse with another person without the victim's consent.
- This section applies whether or not the actor is married to the victim.
- Rape is a felony of the first degree.
Sex Crimes
Rape is considered a Sex Crime.
Other types of Sex Crimes include:
- Sexual Child Abuse
- Child Enticement
- Child Procurement
- Child Exploitation
- Date Rape
- Failure to Register - Sex Offender Registration
- Indecent Exposure
- Internet Porn
- Lewd and Lascivious Acts
- Lewd Conduct
- Molestation
- Obscene Acts
- Pandering
- Pedophilia
- Pimping
- Child Pornography
- Prostitution
- Rape
- Sexual Abuse
- Sexual Assault
- Sexual Harassment
- Sodomy
- Statutory Rape
- Violation of Sex Offender Registration
Rape Conviction Consequences in Utah
Consequences for the conviction of Rape may potentially include:
- Imprisonment Sex offender registration
- Loss of the right to vote
- Loss of the right to own a deadly weapon
- Probation or parole
- Mandatory AIDS testing
- Court ordered rehabilitation
- Significant fines
- Other
Determining Punishment for Rape in Utah
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defensive Strategies
Defenses of Rape may potentially include:
- Consent
- Insufficient evidence
- Factual innocence/mistaken identity
- Other
Free Consultation with an Experience Southern Utah Defense Attorney
With Offices in Cedar City and St. George, Utah, the criminal defense attorneys of Douglas D. Terry & Associates investigate and defend against rape charges throughout southern Utah. Call (435) 628-4411 or contact us online today for a free consultation.
