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Object Rape of a Child

Utah Code Section: 76-5-402.3

Elements

 

76-5-402.3.  Object rape of a child

A person commits object rape of a child when the person causes the penetration or touching, however slight, of the genital or anal opening of a child who is under the age of 14 by any foreign object, substance, instrument, or device, not including a part of the human body, with intent to cause substantial emotional or bodily pain to the child or with the intent to arouse or gratify the sexual desire of any person.

Defenses

As with most rape cases, the jury will be required to make a credibility judgment between the child and the defendant.  Whether the child has been coached, pressured by an estranged spouse or family member with a motive against the defendant, whether the child has the mental capacity to understand right from wrong, accurately remember events, and distinguish reality from fiction all play a role at the time of trial.  ​

Children are typically interviewed at Children Justice Centers by persons who have received training in forensic interviews with children.  However, this is not to say that the interviews are always done correctly.  An incorrect interview, a suggestion of an answer, or use of words that might improperly influence a child all occur at the forensic interview.  

 

Mistake of Age No Defense

76-2-304.5.  Mistake as to victim's age not a defense

(1)It is not a defense to the crime of object rape of a child, a violation of Section 76-5-402.3; or an attempt to commit rape of a child, that the actor mistakenly believed the victim to be 14 years of age or older at the time of the alleged offense or was unaware of the victim's true age.

Jail/Prison time, fines & restitution

 

Object rape of a child is a first degree felony punishable by a term of imprisonment of:

not less than 25 years and which may be for life; or

(b)life without parole, if the trier of fact finds that:

(i)during the course of the commission of the object rape of a child the defendant caused serious bodily injury to another; or

(ii)at the time of the commission of the object rape of a child the defendant was previously convicted of a grievous sexual offense.

(3)Life without parole does not apply if the defendant was younger than 18 years of age at the time of the offense.

(4)(a)When imposing a sentence under Subsection (2)(a) and (4)(b), a court may impose a term of imprisonment under Subsection (4)(b) if:

(i)it is a first time offense for the defendant under this section;

(ii)the defendant was younger than 21 years of age at the time of the offense; and

(iii)the court finds that a lesser term than the term described in Subsection (2)(a) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record.

(b)If the conditions of Subsection (4)(a) are met, the court may impose a term of imprisonment of not less than:

(i)15 years and which may be for life;

(ii)10 years and which may be for life; or

(iii)six years and which may be for life.

(5)Imprisonment under this section is mandatory in accordance with Section 76-3-406.

Sex Offender Registration

Persons convicted of rape are required to register as a sex offender for the rest of their lives. There is no possibility of removal from the register, and if the person moves states, the person is required to register in their new state.

 

UCA 77-41-106.