Utah Sexual Battery Laws

Sexual Battery in Utah refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Utah, sexual battery is codified in the law as Forcible Sexual Abuse. According to the laws of Utah;

• 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.

Penalties for Sexual Battery in Utah 

The penalty for sexual battery codified as Forcible Sexual Abuse has the following sentencing guidelines: Forcible Sexual Abuse is a 2nd Degree Felony with a prison sentence of 1-15 years.

Defense of a Sexual Battery in Utah 

The list of defenses for Sexual battery in Utah here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Utah

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.