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Object Rape | Object Rape of a Child | Penalties

Legal defense against object rape charges
Contact one of our attorneys for defense against object rape charges

What is Object Rape?

Ranking among the most serious of sexual offenses in Utah, object rape is the nonconsensual penetration, however slight, of the genital or anal opening of a person, with an object with the intent to sexually gratify any person or to cause serious emotional or bodily pain to the victim. See Utah Code 76-5-404.2.

The “object” can be any part of the human body other than those parts of the body involved in sexual intercourse and oral sex. The most common “object” in these types of cases is the human finger.

Conviction of this crime is a first degree felony and has a matrix of potential prison times:

  • 5 years to life: This is the standard minimum prison time.
  • 15 years to life: A judge will imposed this amount of prison if the defendant cause the victim serious bodily injury during the commission of the object rape or if the defendant was younger than 18 years old when he committed the crime but had previously been convicted of a grievous sexual crime.
  • Life without parole: This applies if the defendant was 18 or older when he committed the crime and had previously been convicted of a grievous sexual crime.
  • 6 years to life or 10 years to life: If the 15 years to life sentence would normally apply but the judge finds that the interests of justice require a lesser sentence, he can apply either a 6 to life or 10 to life sentence. The judge must put his findings on the record.

How do Penalties Change a Child Victim?

The penalties are more sever, as one might imagine, when the offense involves a child victim. 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.”

Salcido Law Firm is one of the most experienced firms in the state in representing defendants who have been accused of object rape and object rape of a child. Contact one of our attorneys today for a free consultation.