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Sara Rowley

Gary Cox/Lt. James Bigelow

CJ2000

3/16/2023

Law Enforcement’s Role in Investigating Sexual Assaults in Utah

Imagine for a moment a world where a child need not fear the adults in their lives. A

world where a person can enjoy themselves around new people without dreading their intentions.

A world where a person can simply wear whatever makes them feel comfortable and confident.

These circumstances may seem mundane, however, most women, many children, and too many

men do not live in the safety described above. We live in a world where the fear of being

sexually assaulted is terrifyingly real. This research paper is intended to inform its audience

about a general history of sexual assaults and their prosecution, what sexual assault is as defined

by the Utah State Code, who is most likely to be assaulted in Utah, who is most likely to be an

offender in Utah, and the important role played by law enforcement in ensuring justice for the

multitude of victims in Utah.

Sexual assaults have been happening for as long as humans have been around. Therefore,

it comes as no surprise that the various societies around the world evolved to view and prosecute

sexual assaults differently. When discussing the history of sexual assaults, it is important to note

that few cultures considered sexual assaults against males until the 20th century. Even then,

research focused mainly on sexual assaults against male children. Additionally, there are still

some cultures today that do not consider male sexual assaults.

Generally, until the 11th and 12th centuries, sexual assault was considered to be a

property crime. Reparations and justice were delivered to the father or husband of the victim. In
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many cultures during this period, virgin victims were less likely to be killed alongside their

assailants. However, their lives were not guaranteed. The offender would usually be put to death

and/or castrated and their belongings given to the victim’s father. Some virgin victims of sexual

assaults would be married to their assailant, who was responsible to pay the dowry to the

victim’s father. Some cultures required that the offender pay a fine to the father/spouse of the

victim, and if she was unmarried her dowry would be lowered considerably due to the victim

having “lost” her virginity.

In many cultures during this time, if a victim was married at the time of her assault, she

was likely to be put to death as a co-adulterer alongside her assailant. Unless her assailant was

her husband, in which case no action was taken. Marital rape did not begin to enter law in the

United States until the 1970s. It wasn’t until 1993 that all of the United States had deemed

marital rape a crime, but even today some state laws in the U.S. limit prosecution against a

spouse.

Between the 13th-15th centuries, sexual assaults were viewed as violent crimes against

an individual, rather than property crimes. Despite this shift, the virtue of women was still seen

as her most important trait. When this virtue was compromised it was still the fathers and

husbands who were seen as having been disrespected in society's eyes. Consequently, married

women could still be charged with adultery, and virgin victims lost much if not all of their social

standing. not much changed regarding the punishment of the offender. The virtue of women was

still seen as her most important trait. Consequently, married women could still be charged with

adultery, and virgin victims lost much if not all of their social standing.

The colonists that arrived in America in the 15th century adopted the same laws

regarding sexual assault as their English counterparts. With the exception of rape suffered by
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enslaved women (which was not classified as rape), rape was considered to be illegal but was

rarely prosecuted. By the 17th century rape came to be defined as “carnal knowledge of a woman

10 years or older, forcibly and against her will.” The extremely young age of consent in

conjunction with the importance of the household and its associated political standing, gave men

great power to wield over their spouses, children, and any other dependents. Thus, the time from

colonization up until the 18th century is characterized by a general “silence” where much of the

abuse suffered went unreported. With the emergence of Women’s Rights Movements between

the 19th and 20th centuries, more progressive laws protecting victims of rape began to emerge as

well, including but not limited to raising the age of consent between 14 years and 18 years of

age.

Prosecuting sexual assault in the 21st century is far more complex than in any previous

time. Utah State codes divide sexual assault into sex crimes against adults, juveniles, and

children. The crimes are further divided into the type of crime committed against the victim. The

most common kinds include forcible fondling which makes up 45% of all sexual assaults

reported to law enforcement. Forcible rape makes up 42%, forcible sodomy makes up 8%, object

rape makes up 4%. The types of crimes are then categorized based on the severity of the crime

To differentiate between various age ranges, one must have a general understanding of

the age of consent. Unfortunately, 67% of victims of sexual assault in Utah reported to law

enforcement were juveniles. In Utah children under the age of 14 cannot consent to any sexual

activity. Juveniles aged 14 and 15 cannot ever consent to sex with anyone 7 years their

senior/over the age of 18. Technically, they cannot legally consent to sexual intercourse,

oral/anal sex, or penetration, and cannot consent to sexual touching. However, Utah has a

“Romeo and Juliet” clause that protects those over the age of 14 and under the age of 18 who
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have consensual sex with one another. Juveniles aged 16 and 17 cannot consent to any sexual

activity with a person over 10 years their senior, or a person 7-9 years their senior who had

reason to know their age. There is no lawful defense for not knowing or having mistaken the

victim's age if they are under the age of 16, there is only a partial defense for not knowing or

having mistaken the age of a juvenile if they are between 16 to 17 years old. Any person over the

age of 18, who does not have a mental disability that would inhibit their ability to consent, is

considered an adult with the legal right to consent. 1% of sexual assault victims in Utah are 54

years of age or older. 7% of victims were between 34-54 years old. 12% were 25-34 years old.

14% were 18-24 years old.

As aforementioned, the types of crimes are divided based on the age of the victim and

offender. Most types of sex crimes involving children are as follows:

● Rape of a Child is a first-degree felony and is defined by the Utah State Code as when

“the actor has sexual intercourse with an individual who is younger than 14 years old…

Any touching, however slight, is sufficient to constitute the relevant element of a

violation of Subsection,” (Utah State Code 76-5-402.1). Juveniles make up roughly 46%

rapes in Utah.

● Forcible Sodomy of a Child is described by the Utah State Code when “the actor engages

in any sexual act upon or with another individual; the individual is younger than 14 years

old; and the sexual act involves the genitals or anus of the actor or the individual and the

mouth or anus of either the actor or individual. Any touching, even if accomplished

through clothing, is sufficient to constitute the relevant element of a violation” (Utah

State Code 76-5-402.3). Juveniles make up roughly 79% of forcible sodomy cases in

Utah.
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● Object Rape of a Child is a first-degree felony and is defined by Utah State Code when

“the actor: acts without an individual's consent; causes the penetration, however slight, of

the genital or anal opening of the individual by: a foreign object; a substance; an

instrument; a device; or a part of the human body other than the mouth or genitals; and

intends to cause substantial emotional or bodily pain to the individual; or intends to

arouse or gratify the sexual desire of any individual…the individual described in

Subsection (2)(a)(i) is younger than 14 years old.” (Utah State Code 76-5-403.1).

Juveniles make up roughly 75% of object rape cases in Utah.

● Forcible Sexual Abuse of a Child is a seconds degree felony and is defined by Utah State

Code when “the actor: touches the anus, buttocks, pubic area, or genitalia of any child;

touches the breast of a female child; or otherwise takes indecent liberties with a child;

and the actor's conduct is with intent to: cause substantial emotional or bodily pain to any

individual; or to arouse or gratify the sexual desire of any individual. Any touching, even

if accomplished through clothing, is sufficient to constitute the relevant element of a

violation.” (Utah State Code 76-5-404.1). Juveniles make up roughly 84% of forcible

sexual abuse cases in Utah.

● Lewdness Involving a Child is a Class A misdemeanor (or third-degree felony if

committed by a registered sex offender) and is defined by Utah State Code when “the

person…does any of the following in the presence of a child who is under 14 years of

age: performs an act of sexual intercourse or sodomy; exposes his or her genitals, the

female breast below the top of the areola, the buttocks, the anus, or the pubic area: in a

public place; or in a private place under circumstances the person should know will likely

cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor
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or the child; masturbates; or performs any other act of lewdness…intent to arouse or

gratify the sexual desire of the actor or the child.” (Utah State Code 76-9-702.5).

● Unlawful Sexual Activity with a Minor is a third-degree felony and is defined in the Utah

State Code when “an actor 18 years old or older commits unlawful sexual activity with a

minor if the actor: has sexual intercourse with the minor; engages in any sexual act with

the minor…causes the penetration…by a foreign object, substance, instrument, or device,

…with the intent to cause substantial emotional or bodily pain to any individual or with

the intent to arouse or gratify the sexual desire of any individual.” (Utah State Code 76-5-

401).

● Voyeurism involving a child is a third-degree felony and is defined in the Utah State

Code as when a person ”intentionally uses any type of technology to secretly or

surreptitiously record video of a child: for the purpose of viewing any portion of the

individual's body regarding which the individual has a reasonable expectation of privacy,

whether or not that portion of the body is covered with clothing; without the knowledge

or consent of the individual; and under circumstances in which the individual has a

reasonable expectation of privacy.” (Utah State Code 76-9-702.7).

Most types of sex crimes suffered by adults are as follows:

● Rape is a first-degree felony and is defined by the Utah State Code as when “the actor has

sexual intercourse with another individual without the individual's consent…Any sexual

penetration, however slight, is sufficient to constitute…This section applies whether or

not the actor is married to the individual.” (Utah State Code 76-5-402).

● Forcible Sodomy is a first-degree felony and is described by Utah State Code as when

“the actor commits sodomy upon another individual without the other individual's
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consent…Any touching, however slight, is sufficient to constitute the relevant element of

a violation” (Utah State Code 76-5-403).

● Object rape is a first-degree felony and is defined by Utah State Code when “the actor:

acts without an individual's consent; causes the penetration, however slight, of the genital

or anal opening of the individual by: a foreign object; a substance; an instrument; a

device; or a part of the human body other than the mouth or genitals; and intends to cause

substantial emotional or bodily pain to the individual; or intends to arouse or gratify the

sexual desire of any individual” (Utah State Code 76-5-402.2).

● Forcible Sexual Abuse is a second-degree felony and is defined by the Utah State Code

when “without the consent of the individual, the actor: touches the anus, buttocks, pubic

area, or any part of the genitals of another individual; touches the breast of another

individual who is female; or otherwise takes indecent liberties with another individual;

the actor intends to: cause substantial emotional or bodily pain to any individual” (Utah

State Code 76-5-404).

● Sexual Battery is defined by the Utah State Code when “the person…intentionally

touches, whether or not through clothing, the anus, buttocks, or any part of the genitals of

another person, …and the actor's conduct is under circumstances the actor knows or

should know will likely cause affront or alarm,” (Utah State Code 76-9-702.1).

● Voyeurism is a class A misdemeanor and is defined in the Utah State Code as when a

person ”intentionally uses any type of technology to secretly or surreptitiously record

video of a person: for the purpose of viewing any portion of the individual's body

regarding which the individual has a reasonable expectation of privacy, whether or not

that portion of the body is covered with clothing; without the knowledge or consent of the
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individual; and under circumstances in which the individual has a reasonable expectation

of privacy.” (Utah State Code 76-9-702.7).

The final categorization for sexual assault is used to describe the severity of the crime

committed. First-degree felonies are punishable by 5 years to life in prison and/or up to $10,000

in fines. Second-degree felonies are punishable by one to fifteen years in prison and/or up to

$10,000 in fines. Third-degree felonies are punishable with zero to five years in prison and/or up

to $5,000 in fines. Class A misdemeanors are punishable with up to 364 days in jail and/or up to

$2,500 in fines. Class B misdemeanors are punishable with up to 6 months in jail and/or up to

$1,000 in fines/compensatory services. Class C misdemeanors are punishable with up to 90 days

in jail and/or up to $750 in fines/compensatory services. If a crime meets a certain set of criteria

while it is committed, it can also be classified as “aggravated” which can move it into a more

severe category concerning sentencing.

According to the Federal Bureau of Investigation’s Uniform Crime Reporting (UCR)

database, rape rates in Utah (55.5 per 100,000 people) are higher than the national average (42.6

per 100,000 people). Thus Utah ranks 9th out of the 50 Unites States for the number of rapes per

capita. The high rate is particularly concerning as research shows that only 11.8% of the people

who have suffered sexual assault report their experience to law enforcement. The counties within

Utah with the highest reported sexual assaults are as follows: Weber County, Salt Lake County,

Duchesne County, and Grand County. The counties within Utah with the lowest reported sexual

assaults are as follows: Davis County, Wasatch County, Sanpete County, and Utah County.

In Utah, young women are the most vulnerable to becoming victims of sexual assault, but

approximately 4.7% of victims are male. Male children are especially vulnerable; 27.8% of male
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victims who suffered their first completed rape were 10 years of age or younger. According to

the Utah Women & Leadership Project in 2019, “Nearly 13% of Utahns report being molested

before the age of 18…(78.7%) reported being sexually assaulted before their 18th birthday…

(34.9%) stating they were assaulted before their 10th birthday.” Anonymous studies conducted

by the Univesity of Utah, Utah State University, and Utah Commission on Criminal and Juvenile

Justice all discerned that 1 in 25 Utah men have experienced rape or attempted rap in their

lifetimes, 1 in 6 Utah women have been raped in their lifetimes, and 1 in 3 Utah women

experienced some form of sexual assault in their lifetimes.

It is also important to consider living conditions when looking at the populations who are

most likely to become victims. Almost 25% of victims who have been sexually assaulted

reported that they did not have a permanent residence. 62.6% of sexual assaults took place in

houses or apartments, followed by other locations including establishments, vehicles, and

outside. It is also noteworthy to consider that roughly 16.2% of victims reported suspicions of

having been drugged before the assault took place.

Like all other aspects of sexual assault, who is most likely to be an offender in Utah is

broken down into a variety of demographics. However, one thing that most sexual assault

offenders have in common is that they generally do not rape and/or assault on only one occasion.

These offenders are typically repeat offenders, many of which have been incarcerated. 60% of

sexual assault offenders will be recharged and reincarcerated with another sexual assault within 5

years of their previous offense. 57% of all Utah perpetrators of sexual assault are white, 27% are

African American, 14% have an unknown or “other” ethnicity, and 1% come from multiple

ethnicities. This can also be divided by the age of the offender. 50% of offenders in Utah are 30
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years of age and older. 25% are 21-29 years old, 9% are 18-20 years old, and 15% are 17 years

of age or younger.

Moreover, offenders tend to assault people that they already know in some way. 76 of

sexual assault victims in Utah knew their assailant, the most frequent relationship being that of a

friend, acquaintance, or date. 18% of victims reported that they were assaulted by a stranger

whose name they did not know, or who they had known for less than two hours. Spousal sexual

abuse accounts for approximately 7% of sexual assaults and roughly 6% of sexual assaults were

committed by an ex-partner.

The statistics mentioned above vary slightly depending on the victim. For female victims

of sexual assault, 51.1% reported that they have been raped by an intimate partner or spouse and

40.8% reported that they had been raped by an acquaintance. For male victims of sexual assault,

52.4% reported being raped by an acquaintance, while 15.1% reported being by a stranger.

Please note that sexual assaults reported by males as having been committed against them by a

partner are reported, but are significantly less common. For Juvenile victims of sexual assault,

93% of juvenile victims reported that they knew the offender. Of that 93%, 59% of victims

reported that their assailant was an acquaintance, family member, or friend. 34% were relatives,

and 7% were strangers to the victim. Additionally, 60% of Incarcerated victims of sexual assault

report having been sexually assaulted by the staff of the jail or prison in which they reside.

One major roadblock that gets brought up in the conversation about sexual assaults is

false reporting. It is a common misconception, especially in Utah, that false reports are

commonplace. However, this notion is vastly baseless and merely serves to deter the population

from believing victims. A study completed by the Utah Commission on Criminal and Juvenile

Justice found that entirely fabricated sexual assault reports make up only 1- 4% of all reported
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cases. More often than not, victims tell the truth or don’t speak out at all. On very rare occasions,

a victim may be scared of getting in trouble for substance use or other law violations and may

alter their story to paint themselves in a better light.

When a victim files a report that sexual abuse occurred, there are a few things that can

happen. If the assault took place recently, the victim will be presented to a forensic nurse, who

can help them cope with their immediate stress and trauma responses while gathering an initial

story, taking photographs as needed, and swabbing for/collecting any potential biological

evidence. This as well as the clothing the victim wore at the time of the assault are tested as a

CODE-R kit to determine which biological fluids (if any) are present and who they belong to. If

the victim does not wish to press charges, the CODE-R kit will be stored until such a time that

the victim changes their mind, or the statute of limitations is reached.

Investigators will then speak with the victim of the assault in a “soft room.” They will

build a rapport and relationship to disarm and make them feel more comfortable while they

report the crime. The investigator will ask open-ended questions and pay attention to the wording

used in the questions. They will allow the victim to describe what happened, and they will ask

the victim who they have told about the assault. If possible, Law Enforcement can acquire a

search warrant for the location where the assault occurred and photograph/collect any possible

evidence. The investigators will also attempt to interview the suspect. Unfortunately, many

victims of sexual assault are too scared or traumatized to report their assault right away, if ever.

Late reports (and no reports) are detrimental to sexual assault cases. The more time that passes

after the assault, the more difficult it is to collect evidence and prove beyond a reasonable doubt

to a jury that the crime happened. Because of late reporting, and the difficult nature of proving a

sexual assault took place, prosecution rates are even lower than the reporting rates in Utah. A
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program created by the National Institute of Justice was deployed in Salt Lake County for adult

sexual assault cases between 2003-2011 which confirmed that only 6.0% of those sexual assault

cases had been prosecuted through a trial, a conviction, a trial with an acquittal, or plea bargain.

As detailed in the pages above, sexual assault cases are extremely complex. There are

countless nuances and minute details that go into each case. In Utah, there is a terrifyingly high

rate of sexual assault amongst the citizens who reside here, an unfortunately low rate of

reporting, and an abysmally low rate of prosecution for sexual assault cases. It is so important

that this trend changes in Utah as soon as possible, as the victims of sexual abuse are at an

alarmingly increased level to become high school dropouts (if they are still juveniles), develop

dependencies on illicit substances and alcohol, or be hospitalized for depression and other mental

illnesses. Survivors of sexual assault are also 3 times more likely than individuals who have not

experienced assault to attempt and/or complete suicide. Local law enforcement agencies play a

crucial role in helping to curb this trend, as they are the ones who investigate these reports. They

are the ones that confirm the crime happened. They are the ones that will testify about their

findings. Law enforcement agencies stand to make the most impact in halting this tragic

epidemic in Utah.
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