Question: My stepdaughter recently accused of me of molesting her (even though I’m innocent!).  I was kicked out of the house in Sandy and my wife won’t talk to me.  My stepdaughter and I don’t get along the greatest and I think that’s why she accused me of doing something I didn’t do!  Because I’m innocent, there’s no physical evidence.  It will be her word against mine.  What should I do?

The first thing you should do when you are accused of a crime in Utah is to hire a qualified attorney that can help defend you through the legal process.  Prosecutors charge sexual offenses aggressively to get the severest penalty.  You don’t want to hire a lousy attorney—you want to hire the best when your freedom is on the line.

Because you are innocent, you are correct in assuming that this will be a “he said, she said” scenario.  The credibility of the victim and you will be the most important thing that a jury sees.  A jury will likely believe the story from the witness that seems the most credible.  Jurors can sometimes be swayed to convict the defendant because the victim seems more sympathetic rather than looking at the evidence to see if the defendant actually did it.

You have two options:

1. Fight the Charge.  Prosecutors go to trial with the evidence they have.  A smart prosecutor will only go to trial if they know they can win.  Unfortunately, not all prosecutors are that smart and will try to “scare” you into a plea deal when they know they don’t have a good case.  A good attorney will be able to look at your situation and tell you if you have a good change of winning at trial.Before trial, your attorney should file motions in order to get you the fairest trial.  These motions will limit the evidence that the prosecutors can use. Many times, because of these motions, prosecutors will not have enough evidence to bring your case to trial.  This is why it is essential that you hire a qualified attorney with experience in trying your kind of case. The prosecution has the burden to prove you are guilty beyond a reasonable doubt.  If your attorney convinces the jury that there is reasonable doubt in your case, then the jury should render a not-guilty verdict.
2. Plea Bargain. Sometimes it is better to take a favorable plea agreement rather than risking a harsher punishment if convicted at trial.  Only your attorney will be able to look at the strength of your case and help you decide if a plea bargain is right for you.

To repeat: if you’ve been accused of a sexual crime in Utah, you need to contact a qualified attorney that can help you.  Only your attorney will be able to give you the best information about your case.