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Chris T., JD
Chris T., JD, Attorney
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Experience:  Experienced in both state and federal court.
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What does Utah law say about incest committed by a sibling between 48 and 50 years ago?

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What does Utah law say about incest committed by a sibling between 48 and 50 years ago?

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Incest is a crime in Utah, like most states. However, a crime that occurred 50 years ago is well beyond the statute of limitations.

TexLawyer :

As such, any crime that old can no longer be prosecuted.

TexLawyer :

The only way that it could is if the incest involved the rape of a child. In Utah, there is no statute of limitations when the crime involved the rape of a child.

Customer:

What if the victims, there are 4, that are just now remembering. There are 3 girls and 1 boy. They were all raped.

TexLawyer :

How old was the potential defendant?

TexLawyer :

At the time the sexual act happened? Was he/she also a child?

Customer:

My wife thinks he was about 16. The problem is one of the girls was 2, 4, and 6. They are just beginning to remember.

TexLawyer :

So, this person is not in his mid-60s?

Customer:

He is now and the concern is he maybe molesting other children. Can the girls go after him in civil court? There was also a non family member that was raped. These acts were committed by 3 older brothers two of them are deceased and one is still living.

TexLawyer :

The statute of limitations on a civil claim has run, so that is not an option at this point.

TexLawyer :

Technically, charges could be brought for rape, since there is no statute of limitations for rape of a child.

TexLawyer :

That said, the odds of a district attorney charging this are not very good. Proving a 50 year old crime with no physical evidence or independent witnesses would be a very tall order. I'm not saying that this should not be reported, but I just want you prepared for the likely outcome.

Customer:

Thank you very much.

TexLawyer :

Glad to help.

TexLawyer :

Do you have any questions?

Customer:

No you have answered all of our questions. Thanks again.

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