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SALT LAKE CITY -- Sex abuse victims and their families face a tedious process when confronting their abuser in the legal system; however, relief does not always come with a conviction.
We first met Stacey five months ago when she was in the middle of a court battle with her soon to be ex-husband.
In January 2010, Davis County prosecutors charged him with seven counts for abusing their two daughters: three counts of aggravated sex abuse of a child, two counts of rape and two counts of forcible sex abuse.
"He was found guilty, guilty on four of the seven charges," said Stacey who asked us not to use her last name or the name of their abuser in an effort to protect her daughters.
It's almost like we never even had a trial. We're just back to continuance, continuance, continuance.
–Stacey
Stacey says she felt relief when she heard the jury's verdict after they deliberated for more than nine hours.
"We felt very vindicated," she said.
According to court documents, the jury reached its verdict on April 5 of this year. However, Stacey's husband has yet to be sentenced.
"It's almost like we never even had a trial. We're just back to continuance, continuance, continuance," Stacey said.
She believes even after a guilty verdict it still feels as if the criminal is steering the legal process. Considering it took 14 months from the time the charges were filed to reach a jury trial, Stacey thought the waiting would be over.
"Even though he was found guilty, he still has the right to say that his defense counsel was deficient, which is just another loophole," she said.
Court documents show on May 15th, the defense submitted a "Notice of Motion and Motion to Arrest Judgment or New Trial and to Continue Date for Sentencing." The motion hearing and sentencing is now scheduled for August 12th.
"The prosecutor and the victim advocate from my case both have been very good to talk with me and, unfortunately, it is just part of the process," Stacey said.
I knew that this would be a lifelong battle. I'm determined. I'm determined to continue the fight.
–Stacey
While she is still waiting for her husband to be sentenced, Stacey says she is thankful at least he is in jail.
Another sex abuse case KSL has been following has led to a guilty plea, but the defendant is not in jail.
The case against Utah County resident Craig Huntington was filed in January 2010. Huntington faced five charges: sodomy/forcible sodomy, attempted aggravated sex abuse of a child, aggravated sex abuse of a child, child sex abuse and forcible sex abuse.
Court documents show Huntington plead guilty in April 2011 in Fourth District Court to attempted aggravated sex abuse of a child and forcible sex abuse. The remainder of the charges against him was dismissed.
Huntington has yet to be sentenced, though he is under the supervision of Adult Probation and Parole through the Utah Department of Corrections.
KSL contacted Utah County Attorney David Sturgill who prosecuted the case. Sturgill said the defendant's attorney had not received a pre-sentencing report within 72 hours of Huntington's sentencing hearing, which is required. Therefore, Sturgill says Huntington's defense attorney requested a continuance, which was granted by Judge David Mortensen.
Huntington is now scheduled to be sentenced July 21st.
This is an example of just two sex abuse cases that have taken more than a year and a half to charge, prosecute and sentence.
"I knew that this would be a lifelong battle," Stacey said. But she adds, "I'm determined. I'm determined to continue the fight."
Email: lprichard@ksl.com
