The Justice Files: ‘I am not a sex offender,’ says convicted man

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SALT LAKE CITY (ABC4 Utah) – Stan McCracken wanted to teach a lesson to a stranger he came upon.

But in the end, it was McCracken who learned the judicial system can be harsh and it’s left him   angry.

“This law was abused in this case,” said McCracken.  “They abused the law.”

McCracken’s fallout with the law began at Logan’s transit center in 2011.

He saw a young man with his pants hanging below his waist and exposing his briefs.  So he took action.

“He knows that I did nothing more than goose him,” McCracken said.

The Cache County attorney charged him with object rape, a first degree felony.

As part of the charges, prosecutors claimed McCracken touched and penetrates the victim’s bottom.  McCracken said he only touched him and there was no sexual intent.

“(The prosecutor) told my attorney to tell him to plead to the one-to-fifteen or ‘I’m going to charge him to a 25-to-life,’” McCracken said.

He took the plea deal and served five and a half years in prison.  He served an additional two years for violating his parole.

“It’s just crazy,” McCracken said. “Everyone that’s, other attorneys that have looked at it, all say this should be a class A misdemeanor.”

His new attorney has filed for a modification to the crime and is now asking the same court to change it to sexual battery, a misdemeanor.

“The judge on the record indicated he did not believe that this was for sexual gratification,” said attorney Tyler Ayres.  “He said on the record that it was more like a hazing incident. Well, a hazing incident like this is, is not a felony. It’s a class A misdemeanor at best.”

The change could take McCracken off of Utah’s sex offender registry for the felony he committed in 2011.

“I did do something wrong by touching the guy,” McCracken said.  “I take full responsibility for that but this is way above and beyond.  I’m looking at 15 years.  I’ve already done eight years in prison.”

McCracken claimed he had bad advice from the public defender and recalled that his sexual orientation played a role in taking the plea offer.

“He said I was a gay man,” McCracken said. “And (he said) no juror in Cache County would believe me. This is not right, I am no sex offender.”

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