State v. Houston, 9 P.3d 188 (Utah Ct. App. 2000)

Cases | State v. Houston, 9 P.3d 188 (Utah Ct. App. 2000) | 2018

The defendant was convicted of fornication, sodomy, and trespass. He was ordered to pay restitution to the pet store he broke into for the glass door he broke and $165.88 to the sodomy victim for her out-of-pocket therapy and medical expenses. On appeal, the defendant argued that because sodomy criminalized consensual sexual conduct, the victim was a “coparticipant” and not a victim of the crime for purposes of restitution. The court of appeals held that, under the facts found by the jury, the victim would not be able to ‘recover against the defendant in a civil action and, therefore, the facts and events constituting simple sodomy do not support the award of restitution. The order of restitution to the sodomy victim was vacated.