Rule 412 of the Utah Rules of Evidence is Utah’s “rape’shield” law. What is a Rape Shield Law? A rape shield law is a rule of evidence that prohibits criminal defense attorneys from introducing evidence of prior sexual activity engaged in by an alleged victim of a sexual assault. The logic for such a rule is that juries, when deciding…
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Sex Crimes
What is Consent in a Rape Case?
Analyzing Consent – State v. Barela, 2015 UT 22 In sex crime cases the court will analyze whether the victim gave consent. This was an appeal from a conviction of Barela of first-degree rape at a Massage Envy studio. Barela challenged the sufficiency of the evidence to establish that the victim of the alleged rape did not consent to sex.…
What Does “Promptly” Mean Under Rule 1102?
Rule 1102 Allows Reliable Hearsay At Preliminary Hearings At a preliminary hearing the Utah Rules of Evidence allow for the admission of “reliable hearsay,” and further provides a definition of “reliable hearsay.” Part of that definition includes “a statement made by a child victim of physical abuse or a sexual offense which is promptly reported by the child victim and…
Rule 412 and the Admissibility of a Victim’s Sexual Behavior
What is Rule 412? Rule 412 of the Utah Rules of Evidence prohibits the admission of evidence, in criminal cases alleging sexual misconduct, of the victim’s past sexual behavior or predisposition. For example, in a rape case, the defendant cannot introduce evidence that the victim is sexually promiscuous, has had many sexual partners, etc. There are only three exceptions to…
The Three Primary Elements of Sexual Abuse of a Child
The crime of sexual abuse of a child seems to indicate that the crime is sexual in nature, but when one looks at the elements of the crime that does not necessarily have to be true. The first elements of this crime is that the defendant must have touched “the anus, buttocks, genitalia, or breast of a female child.” In…
Teenage Sexting in Utah
Juvenile Sex Crimes Defense in Salt Lake City Adults can’t give porn to kids. If they do, it’s a felony. Giving porn to kids can occur in many different forms: buying magazines, showing them websites, or watching it on cable television. Likewise, kids can’t give other kids porn, even if it’s consensual. This becomes very problematic these days because of…
Angry About Imminent Parole for Child Sex Offender, Woman Starts Petition
The Salt Lake Tribune reports that Michael Doporto, who has been in prison for about 20 years for child sex crime convictions is likely to be released on parole in near future. The mother of one of the children who was sexually abused has started an online petition to keep Mr. Doporto in prison. Her petition, however, is highly unlikely…
Severing Charges Stemming from Multiple Utah Sex Crime Victims
Often time in complex Utah sex crime cases there are multiple alleged victims claiming that the defendant raped or sexually assaulted them. The prosecution loves to combine all of the alleged victims into one case because if there are multiple individuals claiming that the defendant sexually assaulted them then he must be guilty, right? The State knows that this is…
Utah Supreme Court Finds Prior Sex Acts Admissible in Rape Case
Last week the Utah Supreme Court handed down its decision in State v. Richardson, a Utah rape case, and found that the prior sex acts of an alleged victim and alleged aggressor can be admissible. In that case the victim alleged that the defendant had raped her and forced her to have anal sex. The defendant and alleged victim were boyfriend…
Group A Sex Offender Restrictions in Utah
In Utah, if you are charged with certain sex offenses like a sexual battery or perhaps a statutory rape, you could be required to abide by Utah’s sex offender group A conditions. Those conditions include: Enter into, participate, and successfully complete sex offender therapy as determined by the treating facility and therapists and as determined by the Utah Department of…