New important Utah case law related to sexual crimes may relate to how we would set up your Utah defense.
In Utah, if you are found to occupy a “position of special trust” in relation to the alleged victim of the crime, consent is negated and you will be facing charges as if consent was never given.
This distinction has huge consequences on the severity and level of crime that a person may face. For instance, if you were a teacher of the alleged victim or even a manager and you engage in “consensual” sexual activity with a person under the age of 18, a prosecutor can charge you with 1st degree felonies, which carry extensive mandatory minimum prison sentences and lifetime sexual offender registry.
This most recent case clarifies that it is not simply enough that the defendant occupies “a position of authority” in relation to the victim and must further establish that “by reason of that position [the defendant] is able to exercise undue influence over the victim.”
You Must Take Action
It is imperative if you are accused of or charged with a sexual offense, that you immediately consult with an experienced attorney who specializes in sexual crimes and is up to date and familiar with recent case law.
Cara Tangaro, Utah Defense Attorney