Posts Tagged ‘child abuse’

Shaken Baby Syndrome in Utah

Nov
28
Utah Criminal Defense Blog, on the topic of  Question
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A Utah man was recently arrested for suspicion of felony child abuse after he spent time tending his baby while the mother was out of the home. Although the father stated that the baby had fallen, medical officials do not believe the baby’s injuries were accidental.

Photo: Cary and Kacey Jordan

As always, the father is innocent unless he’s proven guilty in a court of law. Even though this may well have been an accident, sometimes babies are shaken on purpose, a circumstance also known as Shaken Baby Syndrome.

What Causes Shaken Baby Syndrome?

Shaken Baby Syndrome has been the cause of many injuries and deaths throughout the United States. There are different situations that may lead a caregiver to shake a baby, but shaking usually occurs when a baby cries for an extended period.

Most people who’ve been left in charge of a baby for any length of time will agree on at least one thing: babies cry. Sometimes they cry loudly and for a long time. Being a caregiver can be difficult under the best of circumstances, even for individuals with experience handling babies.

How to Avoid Shaken Baby Syndrome

Experts tend to agree that the best way to handle a baby that been crying for a long time, after you’ve taken care of his diapering and feeding needs, is to put the baby down in a crib and walk away. Shaking a baby can lead to brain damage, hearing loss and blindness, to name just a few consequences. Death can occur as well.

If you or a loved one needs legal assistance as a result of any crime, whether it involves Shaken Baby Syndrome or something else, contact a Utah criminal defense attorney immediately. Even if you’ve made a serious mistake, legal help is available to you no matter what you’ve been accused of. Let an attorney help you sort out Utah law and represent your best interests in court.

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Reporting Child Abuse is the Law in Utah

Nov
09
Utah Criminal Defense Blog, on the topic of  Question
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We’ve mentioned before that child abuse is a serious matter and inappropriate under all circumstances. Committing child abuse is obviously illegal, but did you know that failing to report child abuse is also against the law in many states, Utah included? It is also a crime in Pennsylvania.

Photo: UggBoy

A current headline you may be familiar with involves Joe Paterno’s notice of resignation as head coach from the Penn State football team. Jerry Sandusky, who retired from Penn State in 1999 and was once in line for Paterno’s job, is accused of molesting 8 boys over a 15 year period. Some of the alleged child sex abuse is said to have occurred at the Penn State football complex.

In 2002, a graduate assistant went to Paterno to report that he had seen Sandusky in the showers at the school with a 10-year-old boy. Paterno passed the report on to two Penn State employees. Tim Curley, the athletic director, and Gary Schultz, a vice president, were the employees and are currently charged with failing to report the alleged child abuse incident to authorities. Paterno is not facing charges.

In Utah, when any person has reason to believe that a child has been subjected to abuse, that person shall immediately notify the nearest peace officer or law enforcement agency. Also, any person, official, or institution required to report a case of suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, who willfully fails to do so, is guilty of a class B misdemeanor.

The consequences of failing to report child abuse don’t affect just the individual with the information. It’s important to protect children, as well.

Sandusky is maintaining his innocence. Fortunately, he has an attorney working hard to defend him. Whether he is guilty or innocent is for a jury to decide. We want to remind you how vital it is to have a Utah criminal defense attorney on your side if you are facing criminal charges of any nature. Don’t leave your innocence to chance. Contact an attorney immediately.

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Utah Woman Attempts to Sexually Exploit Child

Oct
25
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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When an adult attempts to sexually exploit a child in Utah, that adult normally has to face up to criminal charges. A Salt Lake City woman whose name is being concealed to protect the victim, her daughter, found out that trying to sexually exploit her child for her personal gain was not taken lightly by law enforcement.

The story is rather disturbing. The woman apparently agreed to sell her daughter’s virginity to a man for $10,000. Also, the same man reportedly took the woman and her daughter, who is 13-years-old, to model lingerie for him. Law enforcement said that the woman sent pictures of her daughter wearing lingerie to another man, as well. He was allegedly going to pay for the sexually exploitative pictures.

The woman pleaded guilty to two counts of sexually exploiting a minor, which are both second-degree felonies. In exchange for her plea, other charges of aggravated sexual abuse of a child were dismissed. The second-degree felony charges could result in long prison sentences; anywhere up to 15 years per count.

If you are in the midst of legal woes, our best advice to you is to get help immediately. Don’t compound mistakes you’ve made by not hiring a Utah criminal defense attorney who can handle tough cases. Maybe you haven’t always made the right choices, but we know that every person still deserves legal representation, no matter what they are accused of.

Remember that you should not talk to police, regardless of what they tell you. The only person you should discuss your situation with is an attorney. Law enforcement has their job to do, and it’s not to help you. Your attorney will represent your best interests. Don’t take your freedom for granted. Call a Utah criminal defense attorney right away.

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Sexual Assault Advice Results in Charges

Aug
24
Utah Criminal Defense Blog, on the topic of  Question
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Sexual assault of a child should be reported to law enforcement, something prosecutors are alleging a Mormon bishop neglected to do. The bishop reportedly counseled a teenage girl from his congregation to not report a sexual assault where she says that she was the victim. The girl told her parents about the alleged assault after talking to her bishop, at which point her parents filed a complaint with local authorities.

Criminal Charges

Photo: UggBoy/UggGirl

Now, the bishop has been charged with witness tampering and failure to report child abuse. Witness tampering is a third-degree felony and is punishable by up to five years in prison. Failure to report child abuse is a class B misdemeanor, and if an individual is found guilty, that person could serve up to six months in jail.

Reporting Child Abuse

In Utah, any suspected abuse of a child requires mandatory reporting to law enforcement. Concerning clergy, Utah law states that, “When a clergyman or priest receives information about abuse or neglect from any source other than confession of the perpetrator, the clergyman or priest is required to give notification on the basis of that information even though the clergyman or priest may have also received a report of abuse or neglect from the confession of the perpetrator.”

It would be imprudent to make a judgment without knowing the bishop’s side of the story. We don’t know exactly what the girl told the bishop about the alleged assault.

Who’s the Real Criminal?

One thing to make note of is that no mention has been made about the alleged perpetrator of the assault on the girl. Who is he? Is he going to be charged as well, or is law enforcement only looking to make an example of a clergyman who erred in not reporting an allegation of sexual assault? Perhaps authorities need to concentrate on the person who may have actually committed the abuse and continue working to make sure that all Utah citizens, not just clergy, know of their responsibility when it comes to reporting suspected child abuse.

Don’t forget the bottom line: everyone is considered innocent unless proven guilty in a court of law. Additionally, let’s make sure the punishment fits the crime.

Call a Utah criminal defense attorney immediately if you have been charged with any crime, sexual assault or otherwise. Don’t wait for law enforcement to sort out the issues. Get the advice of someone who will be on your side.

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Utah Laws Against Abuse or Neglect of Children with Disabilities

Jul
19
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Legal Definition
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Abuse takes place all over Utah and comes in many forms. Unfortunately, sometimes abuse and neglect  happen to children, even children with disabilities. Utah law defines abuse of a child with a disability as:

  • inflicting physical injury;
  • while having the care and custody of a child with a disability, causing or allowing another to inflict physical injury; or
  • unreasonable confinement.

Neglect is defined as failure to provide care, shelter, clothing, nutrition, supervision or medical care. A caretaker of a child with a disability is a parent, legal guardian or another person with custody over that child. Any caretaker in Utah who knowingly, willingly or intentionally abuses or neglects a child with a disability may find themselves charged with a third-degree felony. Third-degree felonies are punishable by up to five years in prison.

The law also states that a parent or legal guardian who provides a child with treatment through spiritual means alone through prayer, in lieu of medical treatment, in accordance with the beliefs and practices of an established church or religious denomination, shall not—for that reason alone—be considered to be in violation of this law. However, a court may order a licensed physician to provide medical care to a child with a disability if there is evidence that the child’s health or welfare is at extreme risk.

Also, a caretaker does have the right to select a method of care that they reasonably believe would be in the best interest of the child with a disability.

Any person who has been in charge of a child knows how stressful that task can be. Sometimes people make mistakes when acting under extreme strain. If you are faced with criminal charges in connection with an alleged case of child abuse or neglect, don’t leave your circumstances to chance. Contact a reputable Utah criminal defense attorney today who can argue your case for you.

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Child Abuse Homicide Conviction in Utah

May
20
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer, Utah Crime News
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A 32-year-old Utah woman with no previous criminal history was sent to prison last Friday for 5 years to life for the role she played in the beating death of her 5-year-old child. Apparently, the woman left the five-year-old in charge of a younger sibling, and when the mother returned and found the five-year-old asleep she beat the girl with a spatula and other kitchen implements. The child bled to death. Prosecutors initially charged the woman with murder, a felony which could have sent her to prison for at least 15 years, but reduced the charge after determining the woman’s willingness to take responsibility for her actions.

Not many people can deny that they’ve had times when they have felt extreme anger towards another person. It’s important to note that injuring or killing someone is never acceptable, except perhaps in self-defense, which this case certainly wasn’t. However, as we’ve stated in the past, laws are for all people, including those who’ve been accused of crimes. This woman may have been convicted of committing a devastating crime, but her remorse may have helped reduce her sentence. Be willing to take responsibility for your actions, and don’t think that you or your situation is past helping. Even if anger has gotten the better of you, there are excellent criminal defense attorneys in Utah who want to assist you. You are entitled to the best defense possible, so take advantage of the knowledge and education of an attorney who will take a personal interest in your case.

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Utah and Domestic Violence

May
03
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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Domestic violence is a problem in Utah, resulting in an average of one domestic violence-related homicide each month throughout the state. In 2008, it was reported that almost 170,000 instances of intimate partner-related physical assaults and rapes occur on a yearly basis in Utah.  Anytime you commit a crime against a “cohabitant,” you could be charged with a domestic violence offense.  A cohabitant doesn’t have to be a spouse or a lover – it can be a roommate or a relative that shares the same dwelling.

A domestic violence conviction can have severe lifelong consequences.  For example, if you want to have a career in the military or law enforcement, a domestic violence conviction can ruin your dreams by preventing you from being able to carry a firearm.

Domestic violence occurs when there is any criminal offense against a cohabitant involving the threat of or actual commission of violence or physical harm or destruction of property. Some types of domestic violence include: physical, sexual or emotional abuse and threats of physical or sexual abuse.

Depending on the nature of the domestic violence offense, the charge can be anywhere from a misdemeanor to a capital homicide. Committing domestic violence in the presence of a child is a separate crime that is considered child abuse.

Domestic violence offenses are some of the most common, but also carry some of the most drastic consequences.  Not only could you face significant jail or prison time, but you might be subject to protective orders that prevent you from contacting family members or going to your own home.  If you’re facing a domestic violence offense, a competent attorney is a must.

If you have been accused of domestic violence, it’s time to get a criminal lawyer. You need to explain your circumstances and mitigating factors concerning the allegations. Many individuals who commit domestic violence need help themselves. Don’t hesitate to get the personal and legal assistance you are entitled to.

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Utah Teachers: Discipline vs. Child Abuse

Apr
20
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Crimes, Utah Crime News, Utah Law
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A Utah high school coach made his first appearance in court today causing many to question the line that has been drawn between teacher-student discipline and child abuse.  Steve North, an educator at Wasatch High School, faces a child abuse charge for an incident that occurred during his gym class.  All the evidence remains to be seen, but it has become known through witnesses that the student was being disrespectful and disruptive and Steve North physically disciplined the boy.

Photo: Rob Shenk

Not too long ago, educators had full reign when it came to disciplining unruly children.  Teachers had the right to spank, rap knuckles with a ruler, cause embarrassment, hold in detention after school or send a child to sit in the corner with a dunce cap. These were all acceptable methods of punishment.  As a result, students were generally well-behaved, but there were some incidents where teachers clearly went too far.

After a progression of laws and administrative rules enacted over the last couple of decades by legislators succumbing to over-protective parents, an educator today can be fired and even arrested for anything related to student discipline.  Physical and psychological abuse can be called into question every time a teacher attempts to maintain order in the classroom.  The tables have turned, power has been given to the young students and it’s now the teachers who are fearful of discipline.  The result?  Immature students have become empowered and unmanageable (thereby increasing the danger to fellow students), teachers refuse to put their jobs and lives on the line for trying to maintain a controlled, learning atmosphere, and Utah’s educational system finds itself incapable of educating effectively.

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Posted in Constitutional Rights, Crimes, Utah Crime News, Utah Law | 1 Comment »

False Accusations of Child Sexual Abuse and Domestic Violence in Utah are often part of divorce

Jul
13
Jessica, on the topic of  Crimes
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photo: C.P.Storm

photo: C.P.Storm

Divorces are often very messy procedures in Utah. There are strong feelings that lead to bad decisions such as false child abuse allegations. In the case of child abuse the urge to protect children is often stronger then deeming the accused innocent until proven guilty. This makes child abuse a crucial weapon in divorce cases. These false accusation may stem from real facts such as a child acting suspicious or anxious, behavior that can easily be created by the divorce. However, recently the majority of false accusation are made to hurt the opposing divorcee, or gain custody of the children. Young child often fall victim to the lies of their parents and can easily convince a health care professional or therapist that the abuse did in fact occur. Even if a defendant is found innocent of these false accusations there could be dire consequences to their reputation, job, societal connections, and they shunned by their children and by others with children. If you find yourself intertwined in a case of false child abuse accusations you must acknowledge the gravity of you situation (the related laws were created to protect children first and foremost). You should not try to handle the charges on your own, no matter how innocent you feel you are. You should not speak to police, or anyone about the situation except for your attorney who should be an experienced lawyer who knows how to defend these type of cases.

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