In simple terms, object rape is when a person sexually penetrates another person without their consent and with something that isn’t their mouth or genitals. For example, putting fingers in a woman’s vagina without her consent is object rape in Utah.
What is considered Object Rape in Utah?
- The victim is 14 years old or older (if the victim is under 14 the criminal offense is much worse).
- The act is performed without the victim’s consent
- The alleged offender intends at least one of the following:
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- Cause bodily or emotional harm
- Or gratify sexual desires of themself or another individual
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The alleged offender causes performs any penetrative act of another persons anus or genitals using any of the following:
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A foreign object
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An instrument
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A device
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A substance
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Any body part excluding the mouth or genitals
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When Charges Can Arise
Any single act of non-consensual penetration, no matter how slight or how long it took, can trigger legal action. Even if the penetration wasn’t sexual, the statute can still apply.
Penalties for Object Rape
Object rape is classified a first-degree felony. The standard penalty is 5 years to life. There are special cases in which the penalty may vary:
- If the victim was incapacitated at the time of penetration: 10 years to life
- If the victim experienced serious injury: 15 years to life
- If the alleged offender is under 18 years old and has a serious previous sexual offense conviction: 15 years to life
- If the alleged offender is over 18 years old and has a serious previous sexual offense conviction: Life without Parole
What to Do If Facing a Charge
If someone is accused of Object Rape under Utah Code § 76-5-402.2:
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Recognize that this is a felony with the potential for life-long imprisonment
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Consult an attorney experienced in sexual offense cases
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Avoid speaking to police or making any statements without legal counsel
Even a seemingly insignificant act can meet the definition of object rape under Utah law. Because the consequences are so severe, it’s vital to understand the potential consequences and take any accusation seriously.