Charged with Sexual Assault in Utah

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When sexual assault charges threaten your future, you need a skilled attorney on your side.

Utah has no single crime called “sexual assault.” The term covers a group of offenses in Utah Code § 76-5-4, from sexual battery, a class A misdemeanor, to aggravated sexual assault, a first-degree felony with a mandatory prison sentence. The exact charge determines what the state has to prove and what you are facing.

An accusation is not a conviction. The prosecution must prove every element of the charge beyond a reasonable doubt, and your rights apply from the first call from an investigator. Caldwell Filler & Grayson defends people accused of sexual offenses across Utah, and we start by testing the state’s case.

What counts as sexual assault in Utah?

Prosecutors charge a specific statute. The offenses most often grouped under “sexual assault” are:

  • Rape (§ 76-5-402): sexual intercourse without consent. First-degree felony.
  • Forcible sodomy (§ 76-5-403): oral or anal sexual contact without consent. First-degree felony.
  • Sexual battery (Utah Code § 76-5-418): intentionally touching another person’s genitals, anus, buttocks, or a female’s breast, even through clothing, when the actor knows or should know it will cause affront or alarm. Class A misdemeanor.
  • Forcible sexual abuse (§ 76-5-404): touching those areas without consent, intending to cause pain or sexual gratification. Second-degree felony, one to 15 years in prison.
  • Object rape (§ 76-5-402.2): penetration, however slight, of the genital or anal opening with an object or a body part other than the mouth or genitals, without consent. First-degree felony, five years to life.

None of these offenses requires physical force. Under Utah Code § 76-5-406, an act can be without consent because of words or conduct, a threat, surprise, or a condition that left the person unable to understand or resist. Consent is often the center of the case.

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What makes sexual assault “aggravated” in Utah?

Under Utah Code § 76-5-405, aggravated sexual assault is rape, object rape, forcible sodomy, or forcible sexual abuse, or an attempt at one of them, committed while the accused:

  • Used or threatened to use a dangerous weapon
  • Compelled submission by threatening imminent kidnapping, death, or serious bodily injury to anyone
  • Was aided or abetted by one or more other people
  • Caused serious bodily injury during an attempted offense

It is a first-degree felony with mandatory minimums of up to 15 years to life, and life without parole after a prior grievous sexual offense. The aggravating factor drives that sentence, so it is the first thing we put under pressure.

How do we defend a sexual assault charge?

Most of these cases turn on credibility and the evidence behind it. We:

  • Compare every version of the accuser’s account to police, nurses, friends, and online
  • Recover texts, messages, call logs, and location data that test the timeline
  • Review how forensic and medical evidence was collected, stored, and tested
  • Challenge interviews, searches, and phone extractions that violated your rights
  • Attack any aggravating factor the state has charged

If an investigator has contacted you, speak with a lawyer before you give any statement. What to expect if you are charged with a sex offense

What happens if you are convicted?

  • Prison terms of five years to life for rape, object rape, and forcible sodomy, with mandatory prison when aggravating findings apply and in every aggravated sexual assault case
  • Fines of up to $10,000 for a first- or second-degree felony, plus restitution
  • Lifetime sex offender registration for rape, object rape, forcible sodomy, and aggravated sexual assault under Utah Code § 53-29-203. How the Utah sex offender registry works
  • Probation or parole conditions that limit where you live, work, and travel
  • A permanent record that surfaces in every background check

Our offices are in Tooele, Salt Lake City, and Park City, and we serve clients in the surrounding areas from West Valley to South Jordan. Consultations are free and confidential.

Sex crimes defense in Utah

Frequently Asked Questions

Is sexual assault a felony in Utah?

Not always. Sexual battery is a class A misdemeanor punishable by up to one year in jail. Forcible sexual abuse is a second-degree felony, and rape, object rape, forcible sodomy, and aggravated sexual assault are first-degree felonies.

Yes. Utah does not require DNA, injuries, or a medical exam for a conviction, and a jury can convict on testimony alone if it believes that testimony beyond a reasonable doubt. Cases without physical evidence usually turn on credibility, prior statements, and digital records.

For the most serious charges, no. Rape, object rape, forcible sodomy, and aggravated sexual assault can be prosecuted at any time. Forcible sexual abuse generally must be charged within four years and sexual battery within two, though DNA evidence can extend the felony deadline.

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Experienced Criminal Defense Attorneys in Utah

Mark W. Brown

Mark has argued before the Utah Supreme Court and earned jury acquittals across a wide range of criminal cases, from misdemeanors to first-degree felonies.

Katie M. Filler

A seasoned trial attorney, Katie has defended clients facing some of the most serious criminal charges, from drug offenses and domestic violence to sex crimes and homicide.

Cory A. Caldwell

Cory brings broad litigation experience to every case, with a background spanning personal injury, family law, real estate, construction defect, and constitutional law.

Brad R. Anderson

Brad has a proven record in high-stakes criminal defense, securing jury acquittals in complex cases ranging from serious state felonies to federal charges.

Steven L. Grayson

Steven brings a methodical, analytical approach to every case, combining careful preparation with strong advocacy to build strategies that hold up in and out of the courtroom.

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