By: Aidan Mortensen | KOAL News
After a long journey to the house floor, HB127, or the Sexual Crime Amendments, colloquially known as “Ashley’s Law” was passed by the Utah House of Representatives in a 72-0-3 vote. The bill seeks to amend Utah’s sentencing guidelines, increasing the penalty for rape of an incapacitated adult.
Currently within Utah, the penalty for rape is five years to life in prison if the victim is an adult. It also carries no modifications if the crime is against an adult who has a disability.
HB127 modifies the law to increase the severity of punishment for these crimes against incapacitated adults, raising the base threshold to 15 years to life in prison. It defines an incapacitated adult as:
“An individual 14 years old or older who, as a result of an intellectual, physical, neurological, or cognitive disease or defect, is unable to: (A) appraise the nature of an act of sexual intercourse; (B) resist or escape an act of sexual intercourse; or (C) report an act of sexual intercourse committed against the individual.”
The bill requires that two of the three criteria be met to be considered incapacitated.
HB127 does include an exception if the judge cites factors in the case that could justify a lesser sentence. The bill’s sponsor Mark Strong (R-Bluffdale), explained during the bill’s reading,” In the discussion between all the different attorneys who had a stake in this, we do have a couple of carve-outs if for some reason the judge feels that 15 (years) is too much. There’s a set of circumstances that maybe aren’t covered in here that can reduce the sentence to 10 years or even six years as long as they report it and record the reasons why.”
This amendment comes following the death of Ashley Vigil, a severely disabled woman who was raped by her stepfather Brian Kenneth Urban, an action which is suspected to have led to Vigil’s death.
Addressing the house during a legislative hearing, Paula Vigil, Ashley’s mother, testified, “My entire world has been destroyed. She could not walk, or talk, or fight, or scream, or crawl or tell me. For what happened to her, he should be in there (prison) till the end of his life.” Urban is currently serving five years to life in the Utah State Prison on two rape convictions and another one to five years for forcible sexual abuse.
In a statement shared with Castle Country Radio, Vigil shared what seeing this bill advance means to her,” This bill is too late for our family, but what happened to our family will not happen again. To see Utah’s House of Representatives unanimously pass this bill has given me back my faith in humanity. I’m glad to see them honor her memory by protecting others in her name. It’s all I have because my daughter is gone.”
The bill first passed the House Law Enforcement and Criminal Justice Committee before being brought to the full legislative body. It passed both bodies unanimously and now moves to the Senate. If passed here, the bill will go to the Governor’s Desk, where it will either be signed into law or vetoed.
Watch the full vote here.
*Photo Courtesy of the Utah House of Representatives