What is the Age of Consent?
What is the Age of Consent? Consent can serve as either a defense or an element of the charges against a sex crime defendant. "Consent" means that the other party agreed to engage in the conduct. However, consent has a more specific and narrow definition in sex crimes cases.
In Utah, the legal age of consent is 18. No one under the age of 18 is legally permitted to consent to sexual intercourse. Therefore, it is a sexual assault crime to have sexual intercourse with someone under the age of 18, even if it was consensual.
Keep in mind that statutory rape or other laws typically only refer to the defendant’s age . In other words, it doesn’t matter whether the victim is 18 years old if the defendant was under the age of 18 at the time of the incident.
Also note that just because someone is 18 years old does not mean that they are capable of providing legally valid consent in a sexual context. Someone who is under the influence of drugs, alcohol or another intoxicating substance cannot legally consent.
Utah law extends consent to mean "compliance with the will of another person." Consent can also be revoked at any time during the course of a sexual encounter. A sex crime defendant should have stopped sexual contact with the victim at the moment consent was revoked. Failure to do so can lead to criminal charges being filed.
Utah’s Age of Consent
The legal age of consent under Utah law is 16 years of age. That means, generally, if you’re 16 years or older, and if you’re giving consent to have sexual relations with an adult, then you’re consenting to do so. And consent is the best defense in a Utah sexual offense case. Unfortunately, many people don’t understand the relevant exceptions or conditions under Utah’s age of consent law, which can lead to an illegal sexual encounter.
The age of consent refers to the age at which the law holds that a person has the mental capacity to be able to consent to engage in sexual activity with another, and beyond which the person can legally agree to engage in sexual conduct as a matter of law. If you are under 16, it is presumed as a matter of law that you cannot consent, and if you are over 16, it is presumed as a matter of law that you can consent.
However, there are various exceptions and conditions to who can legally consent to having sex.
If you are both 16-years-old or older, then you can usually consent to having sex with each other.
However, if your partner is older than 18 and you are 16 or 17, then you may only legally consent to having sex with him if he is your spouse, your cohabitant, or your fiancé(e).
At age 14 and 15, you may legally consent to having sex with your spouse or your cohabitant.
If you are 12 or 13, then you cannot legally consent to have sex — even if you have a spouse or cohabitant.
Nonetheless, there are several instances where the consent of a parent, step-parent, or guardian is required for a minor to have sex.
Even with the general age of consent, the law makes certain allowances for individuals that don’t require a parent, step-parent, or guardian to consent to a sexual encounter between certain individuals.
Furthermore, the law provides a "close-in-age" exception, or a minimum age difference exception, to Utah’s consensual sexual offenses. This minimum age difference allows a person over the age of 18 to consent to engage in sexual activity with someone who is age 16 or older, as long as the age difference between the older person and the child is 10 years or less.
Again, consent is really the key to knowing whether you are engaging in illegal sexual activity.
If you can prove that consent was given, or otherwise claim that you had reasonable and good-faith belief that the other party was over the age of consent, then your actions appear to be legal under Utah law and not governed by the provisions under Utah incest laws or other aggravated sexual offense law.
That said, when it comes to sex with a minor, consent is different. In fact, if you’re an adult (over 18), it is probable you will be charged with a sexual offense. If you’re under 18, you’re probably going to be charged with one of Utah’s juvenile sex offenses, even if you did not come from an area where an age of consent age of 16 is observed.
Penalties for Age of Consent Violations
When a sexual act occurs that violates the law, it’s termed statutory rape. While the term rape generally refers to someone using force or if a threat of force is used, in the state of Utah having sex with a minor under age 18 is also considered a crime, even if that person is your spouse.
In Utah, the law states that if someone has sex with a person under the age of 18, it’s a felony. It doesn’t matter if you’re married to the person or not-someone under age 18 is unable to give consent, according to Utah laws.
For Utah residents who violate the laws on statutory rape and have sex with a minor, the consequences range from fines to prison time. If you’re age 18 and the person under age 18 is 11-13 years old, you would face a 1st degree felony and 5 years to life in prison, along with up to $10,000 in fines. If the two parties are both under 18, there would be lesser, but still serious, consequences.
If you’re 18 and the age of the minor is 14-15, you would face a 3rd degree felony and face up to five years in prison. A charge under the law of sexual conduct with a minor that allows sexual interaction with a person under 18 is a Class B misdemeanor. You would face up to six months in jail and a fine of up to $1,000.
If both parties are under age 18, and the incident falls under the law of sexual conduct with a minor, charges would be filed under a Class B misdemeanor and face up to six months in jail and a fine of up to $1,000. The only exception to this law is if the actor is the minor’s spouse.
Defenses for sex crimes involving minors include claiming that the minor lied, that you were misled by someone else, or that there was a lack of physical evidence.
Age of Consent/Age Difference Exemptions
Utah law does contain a consent exception for defined relationships. Utah Code Ann. § 76-5-401.3(5) states: An actor under the age of 18 commits sexual battery when: (a) the actor is at least age 13; (b) the actor engages in any sexual conduct with a minor who is under the age of 16 and who is not the actor’s spouse; (c) the actor is more than three years older than the minor; (d) the conduct does not involve force, coercion, or supervision of the minor by the actor; and (e) the conduct occurs outside the home.
Utah law defines sexual conduct to include "any touching of the anus, breasts, buttocks, or genitals of one person by another person, or the touching of an intimate part of one person by another person, in a sexual manner , with the intent to cause bodily injury or otherwise to gratify the sexual desire of either party." See Utah Code Ann. § 76-5-401(1).
There are many exemptions to statutory rape laws in addition to the age of consent defenses. Utah law provides a close-in-age exemption for sexual battery offenses. See Utah Code Ann. § 76-5-401.3. This law provides that "a person is not guilty of sexual battery if at the time of the offense … (4) the actor is less than four years older than the minor," and if none of the exceptions apply. The exceptions include a defense where the person is a teacher, etc., who supervises the minor and is more than 10 years older than the minor, or if the person substantially contributes to the minority of the victim.
Utah Consent Laws Compared to Surrounding States
When considering the legal age of consent in Utah, it is also beneficial to review how Utah’s laws compare to other states. Twenty-three states in addition to Utah recognize 16 as the legal age of consent, while just four states have a consent age of 15. Thirty states and the District of Columbia set the the age at 18, and there are two states with a consent age of 19.
Considering each state’s legal definition of statutory rape, the punishments for the crime and the defenses available, it’s clear that Utah’s law is strict when compared to many states, with a very low age of consent. However, it differs from many other states in that Utah does not require mental incapacitation for the charged crime.
Legal Support and Protections
As with all sexual assault cases, consent is a crucial issue in statutory rape claims. In Utah, however, circumstances are more complex in determining a victim’s legal capacity to consent. If an individual ages 14 to 15 years has sex with someone who is at least 18 years old, regardless of the circumstances, it is considered statutory rape. The law prohibits sexual contact between minors younger than 14 or children younger than 18 and anyone else. At the same time, if two high school-aged students have sex with each other, there is no particular criminal violation.
Under Utah statutory law, if someone 18 years or older has sex with someone younger than 14 to 15 in a position of power, it is considered aggravated sexual assault. The offense is a first-degree felony in this case, which means the perpetrator can be sentenced to life in prison for rape or sexual abuse of a victim – even if the victim is 16 or 17 years old when the offense is committed . Further complicating an already convoluted situation, the laws of consent vary depending on which states the individuals reside; for instance, other states consider 18 the minimum age to consent regardless of the circumstances or what is considered "legal" opportunity for sexually abusive behavior.
Sexual violence is a serious subject matter. Beyond presenting criminal consequences for abusers and offenders, there are mental health implications and emotional consequences to consider as well. A victim may face years of psychological and emotional trauma as a result of sexual abuse, some of which can last through adulthood, seriously affecting quality of life. Support systems and sufficient therapy are needed for proper recovery.
Utah offers a number of resources for people who have suffered sexual abuse, including:
Individuals who have been victimized can also pursue compensation for their losses, which can help cover medical bills, rehabilitative care, lost wages, lost earning capacity, and other damages.