Posts Tagged ‘sex crimes’

Backpage.com a popular site for Salt Lake City “Escorts” and Sex Workers

Jul
18
Jessica, on the topic of  Crimes
1comment
photo: TheAlieness GiselaGiardino²³

photo:TheAlieness GiselaGiardino²³

Upon choosing the “escorts” category on backpage.com the user must agree to the following disclaimer that shows how sex oriented the categories activities are:

Disclaimer
This section contains sexual content, including pictorial nudity and adult language. It is to be accessed only by persons who are 18 years of age or older (and is not considered to be a minor in his/her state of residence) and who live in a community or local jurisdiction where nude pictures and explicit adult materials are not prohibited by law. By accessing this website, you are representing to us that you meet the above qualifications. A false representation may be a criminal offense.

I confirm and represent that I am 18 years of age or older (and am not considered to be a minor in my state of residence) and that I am not located in a community or local jurisdiction where nude pictures or explicit adult materials are prohibited by any law. I agree to report any illegal services or activities which violate the Terms of Use. I also agree to report suspected exploitation of minors and/or human trafficking to the appropriate authorities.I have read the disclaimer and agree to all rules and regulations including the Terms of Use. (We also have a disclaimer: the women in the above photo is not an escort or a sex worker).

Most posters under this category do not mention any means of  trade of sexual acts for money but one ad did state, “Looking for some entertainment tonight . . . my rates are $150 per hour and $100 per each additional hour” and added posed pictures of an adult female. One can be sure that a posting like that on a site like backpage.com will scream PROSTITUTE to the Salt Lake City undercover task forces concentrating on stopping online prostitution/sex soliciation.

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Posted in Crimes | 1 Comment »

What information is on Utah’s Sex Offender Registry?

Jun
25
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Legal Process, Utah Law
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Utah’s Sex Offender Registry is called SONAR (Sex and Kidnap Offender Notification and Registration).

It will list the following details:

  • Name
  • Aliases you use or have used
  • Physical Description Information
    • Current photo of offender
    • Age
    • Sex
    • Race
    • Hair
    • Height
    • Weight
    • Eye Color
    • Scar/Tattoos
  • Address and Other Known Addresses
  • Professional Licenses
  • Type of vehicle offender drives
  • Information on the crime that offender was convicted
    • Description of offense
    • Date convicted
    • Date released from prison
    • Details about offense
    • (Victim information is not listed)

Utah law states that “members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and harassment, stalking, or threats against offenders or their families are prohibited and doing so may violate Utah criminal laws.”  Utah Code Section 77-27-21.5(24)(b-c).

If you are on Utah’s Sex Offender Registry and someone is harassing you, call the police.  If the police are unresponsive due to your status as a sex offender, call a qualified attorney that can help protect you from harassment.

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Posted in Legal Process, Utah Law | No Comments »

Utah Grandma Found Not Guilty of Sex Abuse

May
19
Jessica, on the topic of  Evidence
0comment

Utah Grandmother Bente Hansen was accused in 2006 of sexually abusing her grandchildren but was soon found not guilty at jury trial before Third District Court Judge Terry L. Christiansen. The lack of physical evidence aided in her acquittal. In cases where eyewitness accounts provide the strongest evidence they are usually seriously relied on by the jury.  However, Hansen’s Utah criminal defense attorney Clayton Simms was able to effectively argue that the lack of physical evidence combined with eyewitness testimony which was only given after extensive therapy was not reason to convict Bente Hansen.  Although Taylorsville police have described the related cases as some of the most troubling sex abuse and incest cases they’d ever seen their opinion did not prove true in the case of Bente Hansen. (“Grandma is not Guilty”, Salt Lake Tribune, Reavy, 9/8/06).

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Posted in Evidence | No Comments »

Prostitutes May File Taxes in Utah

Apr
12
Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes
1comment
photo: Lucius Beebe Memorial Library

photo: Lucius Beebe Memorial Library

Sex workers, outside of certain counties in Nevada, find it hard to file state and federal income taxes, as they do not have a legal source of income. There are strong incentives for Utah sex workers to file yearly tax forms. First, Utah state and federal penalties for tax evasion are more severe than those for prostitution. Second, a person needs a credit history to obtain a credit card, a loan, and certain types of insurance. In order to obtain a credit history a viable source of income is needed, something that requires yearly tax documents. When a Utah sex worker successfully files taxes there are deductions made for the social security system, allowing the person to obtain benefits from it in the future. The biggest hurdle for a Utah sex worker on tax forms is finding a profession to claim.  Some possibilities include the code 711510 for independent artists, writers and performers, the code for other amusement and recreation services, or other personal services. If a sex worker in Utah holds a degree or license they may be using it to file under related professions like therapy or nursing.

It could potentially be argued that the 5th Amendment permits a prostitute to leave the profession line on tax forms blank, or provide a related answer, claiming a privilege against self-incrimination. Helpful to Utah sex workers is the fact that the IRS cannot legally disclose tax returns to law enforcement unless the individual is already under investigation. However, the opposite is not true; police can inform the IRS when they are accusing a Utah sex worker or other criminal who may have violated tax laws.

(IRS Circular 230 Legend: Any advice contained herein was not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. federal, state, or local tax penalties. Unless otherwise specifically indicated above, you should assume that any statement in this ‘blog’ relating to any U.S. federal, state, or local tax matter was written in connection with the promotion or marketing by other parties of the transaction(s) or matter(s) addressed in this ‘blog’. Each taxpayer should seek advice based on the taxpayer’s particular circumstances from an independent tax advisor.)

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Posted in Crimes | 1 Comment »

Utah Supreme Court overturns 20-year-old rape conviction

Aug
03
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Utah Crime News
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The Utah Supreme Court overruled the conviction of a man who was convicted of raping a woman over twenty years ago.  The Court found that the defendant’s rights were trampled on and he now deserves a new trial.

Three days before the defendant’s trial in 1988, his attorney quit and went to work for the Utah County Prosecutor’s office (the same office that was prosecuting the defendant).  After being appointed another attorney, the defendant was convicted and his attorney was replaced to work on his appeal.  His attorney changed again, and then again.  The defendant’s appeal was ultimately dismissed because his fourth attorney did not file a brief to the court.  Finally, the defendant had a fifth attorney who succeeded in his appeal to get the defendant resentenced.

However, the Utah Supreme Court wrote in their opinion, “[f]or nearly ten years, McClellan remained unaware he had been resentenced and was once again able to exercise his right to appeal his conviction of sixteen years earlier.  McClellan was not made aware of the resentencing order until the spring of 2004…”

The defendant had a string of bad attorneys who mismanaged his case.   The defendant, now granted a new trial, has sat in prison for twenty years because the five attorneys he had did not manage his case well.

The lesson in his case is that a defendant must hire an excellent attorney to ensure that their rights will not be trampled on.

The case is State v. McClellan, 2009 UT 50.

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Posted in Utah Crime News | No Comments »

Utah Criminal Law Question: I’m Innocent, but I’ve been accused of molesting my step-daughter. What should I do?

Jul
14
Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Legal Process, Question
0comment

Utah Criminal Law Question: My stepdaughter recently accused of me of sexual touching/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, you need to contact a top Utah criminal attorney that can help you.  Only an experienced and knowledgable Utah criminal attorney will be able to give you the best information about your case.

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Posted in Crimes, Legal Process, Question | No Comments »