Utah’s Age of Consent – What is it?
In Utah, the age of sexual consent is currently 18 years old. The law that outlines this is titled "Sexual offense against minors" and can be found in Title 76, Chapter 5, Section 401.1 of the Utah Code. In essence, the law states that a person who has sexual intercourse with another person under 18 years old and who is not their spouse has committed a sexual offense. This law goes on to establish that the victim does not have to physically fight off the perpetrator when the assault is committed.
There are a few laws, known as close-in-age exemptions, written into the above-mentioned statute that apply in some situations. These exemptions are known as Romeo and Juliet laws. It is not an uncommon event for minors who are ages 16 and 17 to engage in sexual conduct with a partner who is not yet 18 years old .
The first close-in-age exemption reads: "76-5-401.4. Sexual offenses against minors — Close-in-age exemptions." This provides a close-in-age exemption for minors who are 16 or 17 and states that it is a defense against the statute that the accused is under 10 years older than the victim.
The second close-in-age exemption states: "76-5-401.6. Sexual offenses against minors — Judicial consent exemption." This also provides a close-in-age exemption for minors who are 16 or 17. With the judicial consent exemption, the parties involved must file a petition for judicial consent to have sexual relations. The petition must be filed before the conduct takes place. The parties must also meet several criteria established by the state. This exemption is not available to someone who has been convicted of a sexual offense against a minor in the past.
If you violate the age of consent laws, what happens?
The legal ramifications of violating Utah’s age of consent laws are serious and damaging, no matter what side of the equation you happen to be on. As with most things under the law, it’s authorized officials who decide the appropriate action. In the case of sexual assault of a minor, these officials tend to waste no time in detaining a suspect, taking him or her directly into custody on an even misdemeanor charge.
So how exactly does the process unfold? The police arrest the alleged sexual offender and book him or her for the crime. From there, the individual is taken to the district attorney’s office, where he or she is officially charged with felony sexual assault. The district attorney may offer a plea bargain to the offender, but he or she is not legally obligated to do so and will typically reserve this option for cases involving minimal risk to the victim. From there, the next step may lie in mediation between the victim and the criminal, in which case both parties are required to attend. If the victim agrees to the mediation, he or she is then finalizing the plea bargain. However, in the event that the offender has committed an egregious form of sexual assault toward the victim, the district attorney may choose not to undergo mediation. In this case, the district attorney will prosecute for an aggravated felony charge. Depending on the severity of the offender’s actions, he or she may be charged with other or multiple applicable offenses, including:
As a rule, all parties involved in prosecutorial proceedings or mediations must be over the age of 18. It’s important for this reason that parents of victims accompany their children to court proceedings at all times.
Close-in-Age Exemptions in Utah
There are two notable exceptions to the general age of consent in Utah, known as close-in-age exemptions. The first is codified in Utah Code Ann. § 76-5-406.1, which states that it is no longer considered illegal for a person 18 years or older to engage in consensual sexual intercourse with a person 16 or 17 years of age if "the actor is no more than [three] years older than the victim." In such cases, the individual 18 or older would be charged with a third degree felony, rather than a second degree felony, as discussed below.
The second exception to this general rule is known as the "Romeo and Juliet" exemption. It states that, under certain circumstances, a person over the age of 21 will not be prosecuted for statutory rape if the victim is younger than 16 and it is established that: (1) the relationship is the result of an active courting, engagement, or marriage relationship; and (2) the actor has not been previously convicted of, pleaded guilty to, or entered a no contest plea to an offense of any of forms of sexual conduct with a minor.
Consent: Minors and Statutory Rape Laws
When two minors engage in sexual activities under Utah law, they both can be prosecuted for what could be considered a crime such as statutory rape. However, if people of different ages participate, the risk of criminal prosecution falls completely on the older partner. For example, an 18-year-old having sex with a 15-year-old can potentially be prosecuted for statutory rape. Although there are laws in place that address situations where two minors from similar ages engage in sexual activity, that does not mean it is legal. This can result in a misdemeanor charge that can become a felony charge if there are factors such as weapons, use of force or publication of the incident associated with the event. If this type of situation occurs, it is important to seek help from an experienced Utah attorney. Consent is something that any sexual partner, regardless of age, has to give willingly. The giving of consent and the ability to decide when to withdraw consent are rights that all people share. For example , an intoxicated or incapacitated person cannot give consent because their ability to choose is impaired. Getting or giving consent for sexual activity as a minor does not protect a person from the law, and having sexual activity with a minor under the age of 18 is still a crime as mentioned earlier. The only way to ensure that a partner is protected is by waiting until both people are above 18 years old. Making sure that both partners are adults or above the legal age of consent is one of the most important things for a person to do to avoid any legal complications. It is also important that no one feels pressured into having sex. If a minor is pressured, coerced, or threatened into having sex, it could be considered a violation of the law. Parental consent and other factors don’t affect whether or not a minor will be prosecuted for sexual activity. Knowing and understanding consent is essential for teens and their parents to avoid potential legal complications. The right to give and withdraw consent is a personal right that every person has and should uphold by using it properly.
Parental Guidance and Advice
When discussing sensitive topics such as consent laws and sexual behavior, open lines of communication between parents and their children are of the utmost importance. Not only does it allow for a level of trust to be formed between a parent and a child, but it also allows for children to engage in conversations with their parents about sex, relationships, and boundaries. It’s important to talk to your children about Utah’s legal age of consent regulations and to encourage them to refrain from sexual activity until they are of consenting age.
This does not mean that a parent must have an explicit chat about sex with their child in order to get the point across. A simple yet informative discussion about sexual abuse and consent laws can go a long way in keeping your children safe. While they may not fully grasp the impact and importance of certain information, it is up to the parent to teach their children about abstaining from sexual activity until they are of legal sexual age.
Another way that you can ensure that your child is aware of what constitutes sexual abuse and the risks associated with engaging in sexual activity is by helping them search for resources online and inviting them to learn more about the subject. Near constant access to the internet has allowed for immediate access to a wealth of information that is readily available at just about any time of the day. While there may be some inappropriate material available on the internet, there are also a great deal of resources that cover a variety of different topics and can be used to help educate your child on consent laws and healthy relationships.
Lastly, while you could opt to use the internet as a tool with your child, you could also take them directly to a legal expert to help with their understanding of Utah’s consent laws and how they apply to teens. While your child may not be old enough to fully understand consent laws, it is important to start initiating conversations at an early age so that they can be aware of the risks and dangers associated with engaging in sexual activity before age consent.
Where to Find Resources
If you or your child are in a situation that requires legal advice jurisdiction, you can schedule a free consultation with an experienced attorney. In Salt Lake City call Scott M. Gratton today at (801) 413-1753 for a free consultation on your case. An advocate for victims of sexual assault can be a resource for both teens and their parents dealing with age of consent issues. The Utah Coalition Against Sexual Assault provides a variety of services including education and awareness programs and information about reporting sexual violence. Support services include counseling , victim advocacy and legal services. The UCSA operates through a network of organizations and volunteers throughout the state. The organization can be reached by phone at (801) 746-0404 or (800) 903-3462. The Rape Recovery Center offers sensitive, confidential service for individuals coming to terms with a history of sexual abuse or who have suffered from rape. Counseling services and support groups are offered for male and female survivors, friends and family members of survivors and those who are current or delayed survivors of rape. For help and support, call (801) 467-7281 or visit the center online.