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If an 18 year old guy had sex with a 14 (then turned 15) year…

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If an 18 year old...
If an 18 year old guy had sex with a 14 (then turned 15) year old and now she's 18. If anyone found out now (and she didn't want to press charges) could he get charged in the state of Utah?
Submitted: 6 years ago.Category: Criminal Law
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3/15/2012
Criminal Lawyer: Delta-Lawyer, Lawyer replied 6 years ago
Delta-Lawyer
Delta-Lawyer, Lawyer
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Satisfied Customers: 3,546
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I hope this message finds you well, present circumstances excluded. This offense, at the time of commission would be considered a Class A misdemeanor in Utah, which does not technically have what is commonly referred to as a "statutory rape" statute. (person 14 to 15 years of age having relations with person 7 years or less their senior).

 

This offense also carries with it a 4 year statute of limitations, but that statute of limitations does not begin to run against the girl in the case until she reaches the age of majority, which is 18.

 

As a result, she is the only one that could bring charges and even if she did, it would only be for a misdemeanor.

 

I hope this helps and I appreciate the opportunity to assist.

 

Best wishes!

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Customer reply replied 6 years ago

This offense also carries with it a 4 year statute of limitations, but that statute of limitations does not begin to run against the girl in the case until she reaches the age of majority, which is 18.

 

What do you mean by this?

Criminal Lawyer: Delta-Lawyer, Lawyer replied 6 years ago
This means that because she was a minor when the offense occurred, she is not held to the same legal standard as if she had reached the age of majority. As such, the statute of limitations does not begin to run for her personally to bring the charge until 4 years after her 18th birthday.
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Customer reply replied 6 years ago
So the statute of limitations is a document that basically lets her wait till she's 22 to press any charges?
Criminal Lawyer: Delta-Lawyer, Lawyer replied 6 years ago

The the statute of limitations is actually a statute in state law that prescribes time limits that legal actions must be brought by.

 

Don't worry about this issue. I actually put it in the original answer just to give you the whole legal landscape. The actual incidence of reporting or claiming statutory rape after a person has reached the age of 18 by the person is probably below 1% nationally.

 

She would be the only person at this point that could even potentially bring the charge and that is HIGHLY unlikely to happen. Even if she did, at this juncture, she would probably have a hard time convincing the district attorney to bring charges. Even if the district attorney did bring charges, he or she would have to be able to prove the case, which would be nearly impossible and the conviction would only be for a misdemeanor.

 

I say all of this to illustrate the point that you really have nothing to worry about.

Delta-Lawyer
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Customer reply replied 6 years ago
So just to make sure again, what if the girls parents found out that it happend and she was already 18? Could they press legal charges on that or if it happened at her parents house?
Customer reply replied 6 years ago
What if the girls parents wanted to press charges even though she was now 18? Could they press any charges if it happen in their house?
Criminal Lawyer: Delta-Lawyer, Lawyer replied 6 years ago
No, the parents loss the ability to press charges once she is 18.
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