Utah Rape Defense Attorney

Salt Lake City Rape Defense Lawyer

Most people know what rape is. And most people have heard that rape is the most under-reported crime in the United States. But, did you know that it is also one of the most falsely accused crime, too? If you, or a loved one is accused of this, please call us now at 801-364-6454. Whether you are guilty or innocent, you have rights that need to be protected.

Most people remember the Duke Lacrosse players that got accused of rape. The charges were dismissed, and the prosecutor lost his legal license of the bogus charges – and a lawsuit was filed by the players in federal court. Now consider this: The woman that accused the three Duke University lacrosse players of raping her later faced multiple charges, which resulted from a domestic argument with her boyfriend. The woman, Crystal Gale Mangum, was charged with attempted murder, arson, identity theft, communicating threats, damage to property, resisting an officer and child abuse. In other words, rape allegations make most people want to run to the accuser and give her all the support in the world, but we must remember, some accusers are liars, or criminals that have ulterior motives for making the criminal allegations. Rape is certainly a terrible thing, but so is falsely accusing a person of rape, too.

It has been our experience that rape allegations often come after BOTH people were drinking, and a one night stand took place. Many times, there is no evidence of a struggle, and nobody heard any scream for help, etc. In other words, anybody can be accused of rape. All the accuser has to do is make the accusation and the world will run to her rescue – just like in the Duke case.

If you, or a loved one is accused of this, please call us now at 801-364-6454. Whether you are guilty or innocent, you have rights that need to be protected.

Here is how Utah defines rape:

§ 76-5-402. Rape.

• (1) A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.
• (2) This section applies whether or not the actor is married to the victim.
• (3) Rape is a felony of the first degree, punishable by a term of imprisonment of:
• (a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;
• (b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the rape the defendant caused serious bodily injury to another; or
• (c) life without parole, if the trier of fact finds that at the time of the commission of the rape the defendant was previously convicted of a grievous sexual offense.
• (4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser term than the term described in Subsection (3)(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.
• (5) The provisions of Subsection (4) do not apply when a person is sentenced under Subsection (3)(a) or (c).
• (6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406.