Forcible Sexual Abuse Utah Defense Attorney

Salt Lake City Forcible Sexual Abuse Defense Lawyer

Forcible Sexual Abuse is a very serious crime in Utah, and can be very easily charged. If you, or a loved on has been charged with this crime, please call us now at 801-364-6454.

The language of the law could be taken to crazy extremes. For example, ever seen a basketball player slap his fellow teammate on the buttocks after a nice shot? Well, in Utah, that could be forcible sexual abuse. After all, the player "touched the buttocks" of another. And it can certainly be argued that he did so "with the intent to arouse or gratify the sexual desire of any person (his own), and was done without the consent of the other." After all, why did he or she not pat the player on the back, instead of the butt?

Here is another example:

Harry has been dating Sally for six months. One night, while they are making out, he decides to "make his move". So, with his right hand, and he gently touches her left breast. She is appalled, and demands to be driven home. He does so. She gets criminal charges against him. He is facing a second-degree felony, and up to 15 years in prison.

So, should Harry be put on a sex registry, and be treated like an outcast? If so, let’s lock up nearly every lover right now (except of course for the three of four of them, who have never made a move like that).

Moral of these stories: ask before you touch!

Here is how the Utah Code Annotated defines forcible sexual abuse (§ 76-5-404).

• (1) A person commits forcible sexual abuse if the victim is 14 years of age or older and, under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy, the actor touches the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, or causes another to take indecent liberties with the actor or another, with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, without the consent of the other, regardless of the sex of any participant.
• 2) Forcible sexual abuse is:
• a) except as provided in Subsection (2)(b), a felony of the second degree, punishable by a term of imprisonment of not less than one year nor more than 15 years; or
• b) except as provided in Subsection (3), a felony of the first degree, punishable by imprisonment for 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the forcible sexual abuse the defendant caused serious bodily injury to another.
• 3) If, when imposing a sentence under Subsection (2)(b), a court finds that a lesser term than the term described in Subsection (2)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
• a) 10 years and which may be for life; or
• b) six years and which may be for life.
• 4) Imprisonment under Subsection (2)(b) or (3) is mandatory in accordance with Section 76-3-406.
• 6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406.