Sexual acts without consent are among the most serious crimes under Utah law, and forcible sodomy carries some of the harshest punishments in the state. The offense covers involuntary oral or anal sexual contact between two individuals and can lead to decades, or even life, in prison if convicted. Because of the nature of these charges, the social, professional, and personal consequences are immediate and severe. Even an accusation can lead to job loss, strained relationships, and lasting damage to one’s reputation.
Utah Forcible Sodomy Defense Attorney
At Susanne Gustin, Attorney at Law, we know that being accused of forcible sodomy is a life-altering event. These cases are emotionally charged, highly publicized, and often hinge on complex questions of consent, credibility, and physical evidence. Our approach is both aggressive and detail-oriented: we begin by dissecting every piece of evidence the prosecution intends to present, from witness statements to forensic reports, to identify weaknesses and inconsistencies. We also work with investigators, medical experts, and forensic specialists to develop a strong, fact-based defense.
We understand that in many cases, it comes down to one person’s word against another’s. That’s why cross-examination and challenging the credibility of the evidence are critical to success. We also recognize the importance of protecting clients’ rights at every stage, whether during police interviews, pretrial hearings, or at trial itself. Our firm serves clients in Salt Lake County, Davis County, and throughout Utah, ensuring that no one faces these devastating charges without a committed legal advocate in their corner.
If you have been accused, you should speak to an experienced attorney as soon as possible to protect your rights and begin building your defense. Call (801) 243-2814 for a confidential consultation.
Information Center
- Defining the Law
- Penalties for Forcible Sodomy
- Statute of Limitations in Utah
- Defenses to Forcible Sodomy Charges
- Additional Resources
Defining the Law
Under Utah Code § 76-5-403, sodomy is defined as oral or anal sexual contact involving the genitals of one person and the mouth or anus of another, regardless of gender. When this act is committed without the other person’s consent, it becomes forcible sodomy, a first-degree felony. Lack of consent may stem from physical force, threats, intimidation, or situations where the victim is incapable of consenting due to intoxication, unconsciousness, or mental incapacity.
Penalties for Forcible Sodomy
Forcible sodomy is classified as a first-degree felony in Utah. A conviction typically carries a sentence of 5 years to life in prison, but certain factors can increase the minimum sentence:
- If the victim suffers serious bodily injury or is under 18 and the offender has prior grievous sexual offense convictions, the minimum sentence increases to 15 years to life, although courts may impose 6 or 10 years to life in certain circumstances “in the interests of justice.”
- If the defendant has a prior conviction for a grievous sexual offense, the sentence becomes life without parole.
- Convicted individuals are required to register as sex offenders for life, without the option to petition for removal from the registry.
These penalties are mandatory and leave judges with limited discretion, making early and aggressive defense representation essential.
Statute of Limitations in Utah
Utah imposes strict deadlines for filing charges in forcible sodomy cases. Generally, the prosecution must file charges within eight years of the alleged offense if the crime is reported to law enforcement within four years of its occurrence. This means that if the victim reports the incident quickly, prosecutors have a longer window to bring the case to court. However, if the reporting is delayed beyond four years, the ability to prosecute may be significantly limited or barred altogether. Understanding the statute of limitations is critical in these cases because it can determine whether the state still has legal authority to pursue charges.
Defenses to Forcible Sodomy Charges
Defending against a forcible sodomy charge requires a careful evaluation of the facts, the evidence, and the applicable law. Common defenses include:
- Consent – Arguing that the sexual contact was consensual is often central to defense strategies in these cases. This defense may involve presenting text messages, prior relationship history, witness testimony, or other evidence showing mutual participation and agreement. Because consent disputes often rely on credibility, the defense will focus heavily on challenging inconsistencies in the accuser’s statements.
- The Act Did Not Occur – In some cases, the defense will assert that no sexual act took place at all. This may involve questioning physical evidence, such as DNA, or demonstrating that forensic evidence was mishandled. It might also involve highlighting the absence of injury or other physical signs that the prosecution would expect to see if the allegations were true.
- Procedural Violations – If law enforcement violated constitutional rights, such as conducting an illegal search, failing to properly advise the accused of their Miranda rights, or mishandling evidence, the defense can file motions to suppress evidence. In some situations, suppression of critical evidence can lead to a dismissal of charges.
- Alibi or Mistaken Identity – In situations where there is no forensic evidence linking the accused to the crime, establishing an alibi or demonstrating that the accuser misidentified the defendant can be effective. Surveillance footage, time-stamped receipts, or witness statements may be used to show the accused could not have been at the scene.
- Challenging Injury or Age Factors – If the prosecution seeks enhanced penalties due to serious injury or the age of the alleged victim, the defense may contest medical findings or the accuracy of age documentation to reduce sentencing exposure.
Additional Resources
Utah Code § 76-5-403 (Forcible Sodomy Statute) – Full statutory language outlining the offense and penalties (Utah Legislature).
Sex Offender Registry (SONAR) – Utah Department of Corrections database for sex offender registration requirements (Utah DOC).
Utah Crime Victim Resources – Information on victim rights, reporting, and legal processes (Utah Office for Victims of Crime).
Utah Forcible Sodomy Defense Attorney | Salt Lake & Davis County, UT
Facing a forcible sodomy charge is overwhelming, but you don’t have to go through it alone. At Susanne Gustin, Attorney at Law, we fight to ensure that your rights are protected, that every piece of evidence is scrutinized, and that you have the strongest possible defense.
We represent clients in Salt Lake City, Midvale, Riverton, Taylorsville, Clearfield, Layton, and throughout Utah.
Call (801) 243-2814 today to schedule a free, confidential consultation.
