LOGAN — The case against a 36-year-old Young Ward man accused of multiple charges of child sex abuse, was dismissed Tuesday after he was found mentally incompetent to stand trial.
Brian Jenson was originally charged with five counts of aggravated sexual abuse of a child, all first-degree felonies and five counts of sex abuse of a child, all second-degree felonies.
In May, court records show two doctors evaluated and determined Jenson was mentally incompetent to stand trial.
During Tuesday’s review hearing in 1st District Court, state attorney Barbara Lachmar said Jenson molested two young girls over a long period of time. She believed he still knew what he was doing since he reportedly told the girls not to tell anyone.
Later outside the courthouse, Lachmar said cases like Jenson’s are concerning because these adults with disabilities are committing crimes but can’t be prosecuted because of their mental capacity.
“We have no ability to protect the community from them because if they can’t go through a court process there is no particular mechanism for keeping them confined or otherwise protecting society,” said Lachmar. “It is a loophole that I think needs to be closed by the legislature. It is concerning and this is not the only case where this type of situation has come up.”
During the hearing, Judge Brian Cannell dismissed the charges without prejudice. He also allowed the victim’s mother and father to address the court. They tearfully spoke about struggling to understand how Jenson was able to graduate from high school, serve a mission for the LDS church, commit these crimes and yet is found incompetent to stand trial.
Judge Cannell said his heart ached for the victims of this case and said he hopes Jenson’s parents will get him the counseling and help he needs.
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