Legal Question in Criminal Law in Utah

Re: Sexual Abuse of a Minor

Your first question is how long does the adult need to worry about the charges? You need to check the Statute of Limitations for the jurisdiction where the crime occurred. In Washington, the SOL varies by the degree of the crime. You need to look at the particular abuse alleged and look at the SOL for all the different crimes those acts might be charges as. It might be as little as Child Luring (getting a child into a private area without the parents consent) to as egregious as Child Rape in the first degree with multiple counts (were any orifices penetrated with anything). Your question about the child turning 18 brings to mind an earlier statement where you say the parents aren't "pressing charges." As you probably should know by now, "not pressing charges" by the victims is just something that happens on T.V. shows and movies. The victims do not press charges. The charges are pressed by the State prosecutor and the victim is only a witness. Of course, if no one ever tells the police or prosecutor then they very well cannot press charges. However, should the legal authorities become aware of the situation through some other means that the wishes of the parents become legally irrelevant. The child turning 18 does not change the statute of limitations from running. I suppose the question raised there is that some jurisdictions start the SOL running upon the crime, and some start it running when the crime is discovered. If the point is that the six year old isn't really aware of the crime but the 18 year old is, you could argue that the SOL does start running until the victim turns 18 (a weak legal argument but probably worth mentioning). You probably should take about the privilege issues--the fact that the minister and therapist that the perpetrator told cannot reveal the information to lawful authorities. However, you mention that the victim is in therapy and you should check to see if that information is confidential or if the child's counsel is required to go to the legal authorities. The steps the perpetrator should take to prevent a repeat can only be determined by an appropriate profession. When you say is in counseling, is that sexual deviancy counseling? If so, that counselor knows best. If not, he probably needs to get into the appropriate counseling. I think your duties as a lawyer (and not a therapist) would only require you to advise that he see a professional. The other precaution he should take is to maintain silence about the deed. If he accidently brings the act to the attention of the legal authorities then the wishes of the parents become irrelevant as discussed above. You might be having trouble completing the essay because of the moral issues and repugnancy of the act. You should discuss that as well and discuss how your personal moral views and your role as at attorney interact, conflict, and what you are obligated to do. Contact me directly to let me know what grade you get. Good luck.