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Blog Posts Tagged 'Sexual Abuse of a Child' | Page 1

Child Sex Abuse Charges Often Arise In Context Of Divorce

Many men going through a divorce who are involved in a hotly contested custody dispute find themselves facing serious charges of aggravated sex abuse of a child involving their own children.  It is one of the first questions I ask prospective clients in a case involving a child sex offense Children are highly susceptible to suggestion by an adult who is involved in caring for their needs on… Read more

Child Sex Abuse Cases And Psychosexual Examination In Utah

Child Sex Abuse Cases And Psychosexual Examination In Utah Child Sex Abuse and Child Pornography Cases---in Utah, most times I will privately have a client complete a psychosexual examination which determines sexual risk of a defendant.  Can I show that my client is low risk to the public and that he or she is amenable to treatment? I use the top psychosexual examiner in Salt Lake City, Utah to conduct these examinations.  If the report comes back as positive,… Read more

Child Sex Abuse Rates High in Utah

Child Sex Abuse Rates High in Utah Child Sex Abuse Cases in Utah--Recently, KUTV Channel 2 TV reported that Utah ranks number one in child sex abuse cases nationwide.  Does Utah have a bigger problem than other states with child rape, aggravated sexual abuse of a child, child pornography and other child sex offenses? Rod Decker and Larry Curtis pointed out that there were 6,900 child abuse cases in Utah in 2016.  Twenty seven percent… Read more

Child Sex Abuse: Plea Bargain To Sexual Battery In Utah

Child Sex Abuse Case--What is a favorable plea bargain in a child sex abuse case in Utah.  For aggravated sexual abuse of a child, the punishment is severe, carrying a minimum-mandatory sentence of 6, 10 or 15-to life.   Can these severe punishments be avoided?  One of the best offers that someone can receive who is charged with a child sex offense is a Sexual Battery, a class A misdemeanor.   A Sexual… Read more

15-To-Life Sentence, Aggravated Sexual Abuse Of A Child In Utah

Aggravated Sexual Abuse of a Child Sentence--the presumptive sentence for someone convicted of Aggravated Sexual abuse of a Child in Utah is 15 years-to-life. Judges often deviate from this presumption, but they must consider mitigating circumstances in order to do so.   Some of the mitigating circumstances a judge may consider when departing from that sentence are an offender's acceptance of responsibility… 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

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