Good evening. I'll be assisting you with your question.
Incest is a crime in Utah, like most states. However, a crime that occurred 50 years ago is well beyond the statute of limitations.
As such, any crime that old can no longer be prosecuted.
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.
What if the victims, there are 4, that are just now remembering. There are 3 girls and 1 boy. They were all raped.
How old was the potential defendant?
At the time the sexual act happened? Was he/she also a child?
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.
So, this person is not in his mid-60s?
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.
The statute of limitations on a civil claim has run, so that is not an option at this point.
Technically, charges could be brought for rape, since there is no statute of limitations for rape of a child.
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.
Thank you very much.
Glad to help.
Do you have any questions?
No you have answered all of our questions. Thanks again.
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