Home > criminal law > How to Get Tagged As a Sex Offender Without Even Trying–Part I

How to Get Tagged As a Sex Offender Without Even Trying–Part I

In case you missed out on this bit of info somewhere in this blog, I have children.  All boys.  Four of them.  My oldest are fraternal twins, and they’re 14 1/2.  This is something of a scary age for a Mom.  They like girls.  They talk about girls.  Heaven knows what they’re actually DOING with girls.  I’m trying to be cool, and trust my sons, and keep the lines of communication open, by being as Cool as possible, given my obvious advanced age and how that makes me Out of Touch with Kids These Days.  I’m hearing some things coming out of the mouths of my sons that I decided ya’ll might have heard as well.  And some of these things consist of mythology that can get a kid tagged as a sex offender for a good long time, if not for life.

I have no idea how this conversation started, but the Scary Thing that was said was this:  “You can’t rape the willing!”  I remember hearing this coming out of the mouths of many when I was in high school, college, law school, etc.  And it’s a lie.

"But Officer, I SWEAR she said she was 18. . .!"

There is this thing called statutory rape.  In Utah it’s located at U.C.A. § 76-5-401.  The basics:  In Utah, it is a 3rd degree felony to have sexual relations with a minor (not younger than 14 or older than 16) under circumstances not amounting to rape (i.e., the child “consented,” which is fiction as far as the law is concerned with sex and minors), where the actor/person who is NOT the minor is 4 years or more older than the minor.  And if the actor is less than 4 years older than the minor?  Still a crime, but it’s a Class B misdemeanor instead.  [You should read the whole law to get the specifics, but these are the highlights.]

In other words, you CAN rape the willing.  This is a sex offense.  For this particular offense, if the perpetrator is convicted of a felony in relation to this statute, he/she will be required to register as a sex offender for 10 years.  TEN.  There are a significant number of limitations put on registered sex offenders.  It’s not a place you want to be.  Especially if you got there by being stupid, and thinking things like, “you can’t rape the willing.”


Categories: criminal law
  1. April 15, 2011 at 12:55 pm

    Incohate offenses say I!


    • April 15, 2011 at 3:34 pm

      Inchoate offenses are only those that are not done at all in reality, but rather only thought of by the perpetrator. In this case, NOT inchoate–you sleep with a 14-16 year old, you’ve done something that amounts to an act, an actual commission of a thing.

      And you know how I feel about the whole sex offender thing anyway :).


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