Child Conceived By Rape, Utah Law
Utah law is strict and clear on the restrictions it imposes to prevent children from being exposed to sex criminals who caused their conception by committing a rape crime. Under Utah Code 76-5-414, the state does not allow child custody awards through the state courts for people convicted of raping their child’s other parent and thereby causing a child to be conceived. However…
Under Utah 76-5-414, the law addresses only one primary point in cases in which a child is conceived in rape in the state of Utah. That point is that the convicted sex offender who has caused the conception of a child by committing a rape crime will not be awarded child custody or parent time by a Utah court. But, the law does allow for exceptions in these circumstances:
- The other biological parent or legal guardian of the child grants consent to parent-time for the convicted parent. The state court must first find that it is in the child’s best interest to award parent-time or some percentage of custody to the parent convicted of a sex crime against the other parent.
- At some time after the date of the rape crime conviction, the child’s two biological parents begin to cohabitate and together create an environment of shared custodial parenting of the child.
We know what it takes to turn experience into results. Our attorneys understand how prosecutors think, how to challenge the evidence, and when to negotiate or take your case to trial. Every strategy is built around putting you in the strongest possible position.
But we don’t just know how to win—we have a track record that proves it. With more than 30 years of experience and thousands of clients represented, our results speak for themselves.
Proven Results. Relentless Defense.
A History of Successful Defenses
-
Not Guilty State v. A - Not Guilty on Attempted Rape, Forcible Sex Abuse, Kidnapping, Assault
-
Not Guilty State v. A - Not Guilty on Attempted Rape, Kidnapping & Assault
-
Dismissed State v. F - Aggravated Sexual Assault, Aggravated Kidnapping Dismissed
-
Dismissed State v. F - DV & Aggravated Assault Charges Dismissed
-
Dismissed State v. F - Protective Order Violation Charges Dismissed
-
Dismissed State v. F - Violation of Protective Order Dismissed
Limited Restrictions on Convicted Parents Under 76-5-414
Child custody, parent time, and parental rights more generally are not governed entirely by the singular dictate of Utah 76-5-414. Even the specified law prohibiting the courts from granting child custody, except under the conditions stipulated, is not to be construed as terminating the parental rights of the convicted person. The court’s lack of authority to grant custody or parent time to the convicted person also is not to be interpreted as negating the financial obligation of that person to pay child support.
Protect Your Rights
In cases of children born of rape, a wrongly convicted parent is victimized in profound ways, potentially for life. Beyond losing precious parental rights, the convicted person may be sentenced to some of the harshest punishments allowed under the Utah criminal code. Those can include a very long prison sentence and enormous fines for conviction of a rape charge.
To avoid these worst-case outcomes, you need the best criminal defense lawyer Utah has to offer you. Your attorney can protect your rights, guide you through the legal process, and develop the strongest defense for you.
Why Choose Wasatch Defense Lawyers
Hire at Team You Can Count On
-
Largest Criminal Defense Team in the History of the State
-
100+ Years of Combined Criminal Defense Experience
-
Fewer than 1% of its clients have been sent to prison
-
Over 650 Trials Handled
our winning strategy
4 Steps to a Positive Outcome
Every case is different. At Wasatch Defense Lawyers, we thoroughly investigate the facts, examine the evidence, and identify weaknesses in the prosecution’s case. Our attorneys evaluate every available option, from challenging improper procedures and suppressing evidence to negotiating reduced charges or preparing for trial. With decades of combined experience and hundreds of trials, we approach each case strategically and aggressively. Whether pursuing dismissal, reduced charges, or a favorable trial outcome, we build a defense focused on protecting your rights, freedom, and future.
-
1Laying the GroundworkWe prepare before the fight begins. Decades of experience, deep legal knowledge, and strong relationships with prosecutors and judges give us the foundation to build a smarter, more targeted defense.
-
2Discussing The DetailsEvery detail matters. We dig deep into your case, examining reports, records, evidence, and your side of the story to uncover the facts that can shape your defense.
-
3Building Your CaseWe challenge what the prosecution thinks it knows. We scrutinize the evidence, investigate police procedures, expose weaknesses, and develop a defense strategy built specifically for your case.
-
4Obtaining Positive ResultsWe pursue the outcome that puts you in the strongest position. Whether through aggressive negotiation or a meticulously prepared trial defense, we fight to reduce charges, protect your future, and achieve the best result possible.