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Blog Posts Tagged 'Rape'

Polygamy in Utah, Exploitation of Underage Girls or Religious Freedom

Polygamy in Utah, Exploitation of Underage Girls or Religious Freedom In late February of 2017, in Salt Lake City, UT, hundreds of individuals gathered to protest Utah Governor Gary Herbert’s signing of a new law that increases the penalties for polygamists convicted of committing fraud or abuse. The new law is part of a larger ongoing conversation about the criminalization of polygamy in the State. In Utah, polygamy has always been illegal, but the practice has come… Read more

Child's Memory In Child Rape, Aggravated Sexual Abuse Of A Child

Child Rape or Child Sex Case (Aggravated Sexual Abuse of a Child, Sodomy Upon a Child, Lewdness Involving a Child)--in these cases, a child sometimes "remembers" sexual abuse that happened years earlier at ages as young as 18 months.  You'll see cases in which a 14 year old girl, for example, will remember being sexually abused by her father while he was changing her diapers at the age of 18 months. There… Read more

Rape And Child Sex Cases At The Investigation Phase In Utah

Being investigated for rape or sexual abuse of a child?  Too many make the mistake of waiting to hiring a lawyer.  This is the most critical portion of the case sometimes.  Police officers often tell suspects they don't need a lawyer and that telling their side of the story will curry favor with the prosecutor. Nothing could be further from the truth.  Giving a statement to the police locks you into… Read more

The Controversy Surrounding Unprocessed Rape Kits In Utah

There has been a lot in the news lately regarding rape kits that have not been processed by law enforcement in Utah. Fortunately, because of some federal grants and a $750,000 alottment by the Utah State Legislature, all of these untested kits can be processed. In the past, because of the lack of unlimited funds, law enforcement was required to do DNA testing on only the most important cases at the… Read more

Types Of Experts In Rape Cases In Utah

What type of experts can you expect to have testify at rape trial in Utah?  For starters, it is likely that the complainant was asked to undergo a rape examination by a nurse who is trained specifically to conduct a rape examination.  The exam consists of an interview of the complainant who describes the details of the assault--the circumstances leading up to the assault (drinking) , the location of… Read more

Miranda Warnings During Rape, Child Sexual Abuse Investigation?

In rape and sexual abuse of a child investigations, the detective will usually call the suspect to get her "side of the story."  After charges are filed, a defendant calls to ask me if the interview can be thrown out becuase the officer did not read her Miranda warnings. Most people, because of crime shows, are very familiar with the Miranda warnings.  But most do not realize that an officer does… Read more

Rape, Sexual Abuse Of A Child Usually "He Said-She Said" Cases

The vast majority of rape and sexual abuse of a child cases involve little to no physical evidence--no DNA, no injuries, no other tell-tell signs of abuse.   I can't tell you how many times a client has asked me, "you mean they can charge me with rape and there is no evidence of rape?"   Unfortunately, the answer is "yes."   The prosecutor will put the complainant on the stand to testify about what… Read more

Polygraph If Being Investigated For Rape Or Child Sex Abuse?

Many times, a detective and/or a prosecutor asks a suspect to take a polygraph examination to determine whether s/he is telling the truth with regards to a rape or child sex offense investigation.  A polygraph is used an investigative tool for these types of offenses because of the "he said/she said" nature of these cases. Most of the time, there is no physical evidence--DNA, injuries, etc.--in rape… Read more

Troubling Reasons Behind False Accusations Of Rape

Last week, we discussed date rape and how that can prove to be a problem for people who go to parties or similar activities. Following up on that post, we are going to discuss some of the most common reasons why false accusations of rape are common. Our readers in Utah might find this information interesting. One of the reasons that might interest some people is that false rape accusations are… Read more

What Are Rape And Sexual Assault?

Being accused of sexual assault is something that might make you shake your head because you just don't know what you did that wasn't right. The problem with our society as a whole is that people are beginning to get very touchy about certain things, and one of those is sexual assault. While crimes like rape are obviously wrong, there are other instances in which you might be accused of a sex crime… Read more