Utah Age of Consent & Statutory Rape Laws
the victim is under the age of sixteen and the perpetrator is eighteen years of age or .. A current or previous dating or social or sexual relationship by itself or the .. Under Utah law, sexual offenses “without consent” of the victim arise when. The Utah House Law Enforcement Committee voted to hold HB to the age of consent of 14 for sex between minors — after complaints by. For women, the age of consent in Utah is 16 years old. While for men, it is 18 years old. Read this article to learn more about Utah\'s age.
A third applicable crime is "aggravated child molestation", which is any act of the previously mentioned child molestation that causes injuries to the victim, or involves an act of "sodomy" defined under state law as any act of oral sex or anal sex.
However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor. This exception was added after a landmark case, Wilson v.
State of Georgia occurred in and caused lawmakers to think the statute should have a close-in-age exception. At the time because of the words of the law, a year-old boy was sentenced to 10 years in prison for having consensual oral sex with a year-old girl. Inthe Georgia Supreme Court reversed the conviction of a man convicted of raping a year-old girl because the age of consent in Georgia was 10 at the time. Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that.
There is however a close-in-age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older. Avery Chumbleya member of the Hawaiian Senatehad made efforts to raise the age of consent. If the victim is under the age of 16 and female, and the actor is male and age 18 or older, or if the female is age 16 or 17 and the male actor is at least 3 years older, any penetrative act including intercourse, anal sex and oral sex is considered Rape.
This law does not discriminate by the gender of the victim nor actor, and notably provides no exceptions based on the parties being close-in-age. Like Lewd Conduct above, this law does not discriminate by gender. There is no close-in-age exception, crossing the age boundary is Criminal Sexual Assault. Although Illinois' minimum marriage age with parental consent or court order is 16,  there is no statutory exception to the age of sexual consent.
History of Illinois laws[ edit ] Bill was introduced in to decriminalize sexual relationships between children 13—16 years old and those fewer than five years older, but the bill failed to pass.
Republican state representative Dennis Reboletti of Elmhurst stated that he did not believe judges should be able to reverse decisions made by prosecutors.
The law allows the actor a defense to prosecution if the victim is currently or was previously married the absolute minimum marriageable age in Indiana is 15although this defense does not apply in the case of violence, threats or drugs. This is not a close-in-age exception though, but merely a defense in court. The law also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older.
The age limit rises to 18, according to IC, if the actor is an adult who is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of the minor; or a child care worker for the minor; or a military recruiter who is attempting to enlist over the minor. Under certain aggravating circumstances, the crime becomes a Class A felony. A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances Kansas[ edit ] The age of consent in Kansas is Aggravated indecent liberties with a child is sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.
Limon the previous Kansas age of consent law, which did not apply to homosexuals, was struck down by the Kansas Supreme Court due to 's Lawrence v. Kentucky[ edit ] The age of consent in Kentucky is Sexual activity between a year-old and a year-old or between a year-old and a year old is a class B misdemeanor.
Sexual activity between a 12 or year-old and another minor who is 12 or 13 or between a year-old and a year-old is a class C misdemeanor. Sex Offender Registration State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including some instances of statutory rape must register as sex offenders.
Utah Age of Consent Lawyers | LegalMatch Law Library
One or more of the following defenses may also apply. Marriage Utah has a marital exemption for statutory rape, which allows married people to have consensual sex even if their ages would prohibit it if they were not married. This defense is a remnant of the marital rape exemption.
Minors are legally incapable of giving consent to having sex, so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, because Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in Utah, Tony need not fear criminal charges for having consensual sex with Jen.
Utah Age of Consent Lawyers
This is because Utah has a marital exemption to the Utah statutory rape laws. However, if Tony were to rape Jen force her to have sex against her willhe would have no protection under the law, even if the two are married. In Utah, there is a Romeo and Juliet exemption for consensual sex between minors who are close in age and even when one party is a minor, but the defendant is fewer than seven or ten years older than the minor discussed above. However, teenagers who engage in consensual sexual acts can still face criminal charges for unlawful adolescent sexual activity even if both parties are minors as described above.
Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
Utah Statutory Rape Laws
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But under almost all circumstances in Utah, even a reasonable mistake of age is not a defense to a charge of statutory rape. See a Lawyer If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours.