Defending Sex Offenses in Utah

Posted by Stone River Criminal Defense Team

Last Updated: January 7, 2025

Sex offense cases present unique challenges requiring a nuanced understanding of legal defenses and mitigation strategies.
attorney meeting with client at desk

What are Sex Offenses?

There are a variety of sex-related offenses. They range from rape to having sex with someone you thought was 18 (commonly called statutory rape), and everything in between. The only common thread between these offenses is that they involve sexual activity. It’s important not to let the topic intimidate you. After all, everyone is a product of sex, and being accused of a sex crime doesn’t mean someone is guilty. In fact, many accused individuals are innocent—more than most people realize.

How to Defend Sex Crimes

Many people assume the only defense against sex-related charges is denying the act entirely. That’s not always case. This is especially true when the accused believed the alleged victim consented or was over 18. For instance, if someone thought they had consensual sex with another adult, they might willingly share details with the police. Why wouldn’t they, especially if they believed they did nothing wrong?

This is why it’s crucial to avoid answering questions without legal representation—especially if you’re innocent.

However, even in situations like these, there are effective defenses. Here are two key approaches:

  • Mistake of Fact: This defense applies when the accused reasonably believed the alleged victim consented or was of legal age. For example, in statutory rape cases, this works well when the alleged victim is at least 14, appeared to be 18, and claimed to be 18. It can also apply if the alleged victim willingly participated and never said “no.”
  • Mitigation: Mitigation focuses on showing that the accused is not a future risk or can be rehabilitated. While it doesn’t excuse the act, it can reduce the severity of the punishment. In some cases, this approach removes jail time altogether, allowing probation instead.

The Role of SOSERA

One valuable tool in mitigation defenses is a SOSERA. This stands for Sex Offender Specific Evaluation and Recidivism Assessment. Recidivism refers to the likelihood of someone repeating an offense. A SOSERA provides a detailed psychological evaluation, examining the accused’s personal history and alleged offense to determine their risk of reoffending.

While other tools offer similar insights, SOSERA has specific advantages. It is both cost-effective and focused primarily on the risk of repeat offenses.

Many individuals accused of a sex related offense have low recidivism, and getting a SOSERA helps negotiate better outcomes when other defenses are not available. At Stone River Law, we’ve successfully used SOSERA assessments in even the most serious cases. These evaluations often convince prosecutors or judges that harsher punishments are unnecessary. A skilled attorney never gives up even if the case is severe, and a SOSERA is a useful tool to have to that end.

Originally Published: January 7, 2025

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