Object Rape of a Child | Penalties

Differences in Committing Object Rape and Object Rape of a Child

There are some significant differences between object rape and object rape of a child, other than the obvious difference in the age of the victim. First, a child victim means that the individual was younger than 14 years old. Second, when the victim is 14 years or older, the crime requires the penetration of the genital or anal opening, however slight, by a foreign object, but with a child victim the offense can occur in three different ways:

  1. Penetration with a foreign object, over or under the clothing, however slight, of the child’s genital or anal opening;
  2. Touching of the child’s skin or genitals with a foreign object, however, slight; and,
  3. Stimulating or attempting to stimulate the child’s genitals or anus with a foreign object, whether over or under the clothing.

How do Penalties Change with a Child Victim?

The penalties are more severe, as one might imagine, when the offense involves a child victim. Unlike object rape not involving a child, object rape of a child victim carries a mandatory prison sentence. The minimum punishment is 25 years to life and the sentence becomes life without parole if the defendant causes the child serious bodily injury or was previously convicted of a grievous sexual crime. However, for first time offenders and those under 21 years old the judge has the option to impose a 6 to life, 10 to life, or 15 to life term of imprisonment. Similarly, the judge can impose one of the defined lesser sentences in the “interests of justice.”

These cases are factually sensitive and a strong defense requires a thorough analysis of whether the statutory requirements were actually met. The State is required to prove beyond a reasonable doubt that each and every element of the crime is met and they must present facts establishing such. We are some of the most experienced trial attorneys in Utah in defending individuals against sex crimes such as object rape of a child. Experience matters, especially when presenting your defense to a jury. Contact us today for a free consultation at 801-413-1753.