Utah woman says justice system failed to protect her from an accused serial predator

SALT LAKE CITY — Vanessa Clark is in disbelief.

“I can’t imagine that he was in a position to do what he did,” she informed the KSL Investigators.

On Nov. 7, Clark reported to legislation enforcement that she was raped by Joshua Homer, 26, after he invited her over to his dwelling in Winery. Clark mentioned the 2 initially related by way of a web based relationship app and have been assembly up for the primary time.

“It’s one thing that lives with you each single day now,” she mentioned. “It’s simply sort of arduous to go ahead.”

However Clark mentioned she isn’t simply processing what occurred to her. Within the days after the assault, she realized she is much from the primary girl to accuse Homer of rape.

And simply days earlier than she agreed to satisfy him, Homer was launched from the Weber County Jail, the place he was sentenced to serve little greater than every week behind bars for intercourse crimes involving a 16-year-old sufferer.

“My story might have been prevented,” Clark mentioned.

Homer is underneath investigation however has not been charged in reference to Clark’s report of sexual assault.

The KSL Investigators dug into his prison previous and located convictions for crimes in opposition to girls and women spanning the final decade, however sentences amounting to lower than a month in whole spent behind bars.

9 days in jail

“It is a troubling case,” mentioned Choose Noel Hyde of Utah’s Second Judicial District throughout a sentencing listening to for Homer in Weber County on Oct. 18.

“The conduct which has been described as having been engaged in by this defendant will not be acceptable,” he continued.

The conduct earlier than the courtroom on that day was beforehand described by Wealthy Gallegos, Homer’s privately retained protection legal professional, throughout a plea listening to in August.

“Basically, they met at a lodge, and there was some sexual interplay between him and a 16-year-old,” Gallegos mentioned, explaining the accusations within the case in opposition to his 26-year-old consumer, who had been 25 on the time of the crime.

Homer was initially charged with three felony counts of illegal sexual conduct with a 16- or 17-year-old, an offense that might have landed him on the intercourse offender registry if convicted.

When requested by the choose whether or not Gallegos’ rationalization of occasions was correct, Homer answered, “Sure.”

However even after beforehand admitting to a intercourse crime in opposition to a 16-year-old, Homer walked proper out of the Ogden courtroom in October. He had beforehand pleaded responsible to a special felony cost of “dealing dangerous supplies to a minor.”

“This isn’t a registrable intercourse offense,” Gallegos mentioned of the cost his consumer pleaded to. “A part of the spirit of the negotiation was to keep away from that requirement.”

Choose Hyde sentenced Homer to spend 10 days contained in the Weber County Jail, adopted by 80 days of “day reporting” to the jail and 48 months of probation. He obtained credit score for sooner or later already spent in jail, leaving simply 9 further days to serve.

As a substitute of being taken into custody instantly, Homer was allowed to report back to jail three days later. The choose granted him the additional time so he might make preparations with the corporate the place he claimed to be employed.

However when the KSL Investigators referred to as the corporate Homer informed the choose he labored for, the corporate replied that Homer was not employed there in October and hadn’t been since September.

‘At the least we obtained one thing’

Homer was launched from jail in time to seem for a distant sentencing listening to in Davis County on Nov. 1, the place he confronted one other depend of illegal sexual conduct with a minor and pleaded responsible to a lesser cost of sexual battery.

The case concerned an identical crime with the identical teenage sufferer, and the sentence mirrored the sentence he obtained in Weber County – Homer obtained no further jail time with the remaining sentence and probation served concurrently with the Weber County sentence.

Prosecutors in each counties mentioned it was the perfect they might do with the proof they’d.

“The negotiated plea on this case was reached after it was decided that there have been going to be some vital evidentiary points going ahead,” Weber County Legal professional Christopher Allred wrote in an e-mail to KSL. “This left actual publicity at trial and the potential of no conviction in any respect.”

Allred, who wouldn’t conform to take part in an interview, defended the deal in his emailed assertion, noting it secured Homer’s first felony conviction and ensured he can be topic to court-imposed “Group A” intercourse offender circumstances whereas on probation.

“We’re constructing a prison historical past on this man,” mentioned Davis County Legal professional Troy Rawlings. “We now have two extra convictions on his document that we didn’t have earlier than this. Sure, he didn’t do an considerable period of time in jail. Sure, there are doubtlessly extra are critical fees that might have been filed. However not less than we obtained one thing.”

Davis County Legal professional Troy Rawlings. (Tanner Siegworth/KSL TV)

Rawlings, who agreed to talk with the KSL Investigators in an on-camera interview, referred to the deal as a worldwide settlement — in these two circumstances, a deal between a number of jurisdictions involving the identical perpetrator and sufferer.

“The system has held him accountable to the diploma the proof and the cooperation of victims and witnesses will permit,” Rawlings mentioned.

By way of a spokesperson, the judges concerned in each circumstances declined to remark.

‘LOCK HIM UP’

For some girls following developments in Homer’s two latest circumstances, the decision was a bitter disappointment.

In 2020, Utah girls began sharing allegations of sexual assault in opposition to Homer underneath the hashtag: #UtahRapists.

Quickly after, a web based petition titled, “Serial Rapist in Utah – LOCK HIM UP,” referred to as for Homer’s incarceration. Since then, it has garnered greater than 1,000 signatures.

The motion caught the eye of investigators with Utah’s State Bureau of Investigation, which confirms it has obtained greater than 25 claims of sexual assault in opposition to Homer.

The KSL Investigators have spoken with a number of of Homer’s accusers and observed their tales present a disturbing sample. Lots of the girls first related with Homer on-line, by way of both social media or relationship apps. A number of mentioned he provided to provide them cash or pay for bills like automobile repairs. And the ladies mentioned consent didn’t matter to him — that he pressured himself on them, even after they resisted.

‘He turns into forceful’

However our investigation revealed legislation enforcement already figured that out seven years in the past.

A report in a 2015 case written by a Syracuse police detective and obtained by the KSL Investigators connects 5 incidents involving Homer, 4 of which occurred whereas he was a juvenile.

“These incidents share a number of similarities,” the detective wrote. “One similarity is a few of these allegations are made after the primary time the events meet. Secondly, it seems to be a sample that Joshua informs the females that every part will likely be OK and tries to verbally persuade the events to interact in sexual acts. Lastly, it seems that the females inform Joshua that they don’t wish to proceed with intercourse and he turns into forceful.”

Homer’s juvenile information reveal at age 16, he was charged with rape of a kid underneath 14. That wasn’t the primary allegation made in opposition to him, however it was the primary document the KSL Investigators might discover of a felony prosecution. Data present he admitted to a lesser cost of misdemeanor sexual battery.

Tolerance

As an grownup, Homer has been arrested not less than 9 occasions.

His prison historical past consists of a number of circumstances involving home violence which have largely been resolved with plea bargains that take away the home violence tags from his convictions, which might have led to heftier penalties sooner or later for committing related crimes.

Numerous mugshots displaying Joshua Homer, obtained by way of public document requests.

Homer has pleaded responsible to breaking into girls’s houses and damaging automobiles. He’s violated probation circumstances by committing new offenses. And he’s realized, regardless of threats from judges of “zero tolerance,” that these violations will likely be tolerated.

Twice, the KSL Investigators realized, judges have opted to reply to violations by merely terminating his probation as “unsuccessful,” ending the supervision intervals in these respective circumstances.

Most lately, on Nov. 1, simply minutes after 2nd District Choose David Connors informed Homer there can be “zero tolerance” for any new related offenses, a violation of a earlier probation sentence was introduced up.

“He’s obtained loads on his plate with the brand new case right here and the one on Weber County,” protection legal professional Gallegos mentioned.

Prosecutors didn’t push for any penalties.

“We’re going to acknowledge this as an admission that there’s been a violation,” mentioned Choose Connors, “however underneath the circumstances, we’re merely going to terminate it as unsuccessful.”

Altogether, Homer’s convictions might have had him in jail for greater than three years. As a substitute, he’s been sentenced to spend a complete of simply 26 days behind bars. The remainder of his jail time has been suspended, in favor of probation.

‘Lack of Proof’

Homer has by no means been convicted and even charged with rape as an grownup, however based on information obtained by KSL, Utah legislation enforcement companies have intensively investigated not less than 5 rape allegations in opposition to him.

In two circumstances in Davis and Utah counties, victims who have been initially cooperative requested that legislation enforcement cease the investigations. In accordance with a report obtained by KSL, one girl mentioned the method had “not carried out any good for her.”

One other case investigated by Syracuse police was closed earlier than it was ever formally despatched to prosecutors for screening. A supplemental report connected to the casefile cites “lack of proof,” as the explanation.

Within the different two rape circumstances, paperwork obtained by way of a public information request present Davis County Legal professional Troy Rawlings’ workplace declined to prosecute.

“They went by way of the proof in these circumstances, they went by way of the information, they mentioned them, and so they declined these circumstances, as a result of there was inadequate proof to file them,” he mentioned of his particular victims prosecutors.

Rawlings defended the charging choices made by his workplace, noting that simply because a case doesn’t get prosecuted doesn’t essentially imply that his workplace doesn’t imagine a sufferer or that prosecutors have decided that the alleged crime didn’t occur.

“These two circumstances that we’ve declined, we’re very nicely conscious that in factual actuality, presumably they have been raped,” he mentioned. “We’re saying we can’t show it past an affordable doubt.”

‘I hope to be his final sufferer’

Simply days after Homer walked out of the Weber County Jail, and simply days after he was given no further jail time by a second choose in Davis County, Vanessa Clark says Homer invited her over on Nov. 6 after which raped her.

“My story might have been prevented, identical to many different girls, if he simply would have been put behind bars,” she informed the KSL Investigators.

KSL doesn’t sometimes establish victims of sexual assault, however Clark selected to be recognized for this story in hopes of defending different girls.

Vanessa Clark. (Ken Fall/KSL TV)

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“I want somebody would have carried out that for me,” she mentioned. “I want I didn’t need to undergo that truthfully, and now, I’ve to reside with that for the remainder of my life.”

Clark reported the encounter to legislation enforcement and underwent a forensic examination. The Utah County Sheriff’s Workplace is now investigating.

“I’ve full confidence within the capacity and the abilities of our investigators,” mentioned Sgt. Spencer Cannon with the Sheriff’s workplace.

Homer and Clark communicated by way of social media and different digital platforms on and off for roughly a yr — generally discussing their shared curiosity of snowboarding — earlier than she agreed to satisfy up with him in individual. She says she had no thought he had any sort of prison historical past, least of all a historical past of intercourse offense convictions, and desires to know why he was out free the day she went to his dwelling.

“I feel that the prison justice system and Josh Homer should be held accountable,” she mentioned. “With all of those information, it reveals that he shouldn’t be out on the streets as a result of it’s a legal responsibility to the lives of different women like me.”

Clark mentioned she needs Utah’s justice system to do extra now to guard others.

“I hope to be his final sufferer,” she mentioned.

Sitting down with KSL was scary for Clark. She mentioned she feared for her security and the protection of her household, however she was keen to take a threat to be a voice for others.

“I see girls who’ve suffered by the hands of like, our courtroom system, that aren’t being taken severely sufficient, and I really feel like somebody, not less than, wants to talk out. As a result of if nobody’s going to do it, I felt like perhaps I ought to simply do it,” she mentioned.

In a message to different girls who’ve been victims of sexual assault, Clark mentioned, “We girls, we matter. Your voice issues. Your well-being, after every part that he has carried out, all of it issues. I feel that it is best to belief in your self that it is best to have the ability to converse out.”

Not in custody

Homer averted KSL’s cameras contained in the Ogden courthouse on Oct. 18, leaving our inquiries to Gallegos, who first began representing Homer when he was a juvenile.

When requested on his method in to courtroom whether or not his consumer presents a hazard to Utah girls and women, Gallegos answered, “No.”

Gallegos later declined to take part in an interview and didn’t reply to an inquiry from the KSL Investigators relating to the most recent allegation of rape in opposition to Homer.

Homer has been underneath supervision by Grownup Probation and Parole since Oct. 18. Broadly redacted supervision information offered to the KSL Investigators in response to a public information request present Homer has had two face-to-face conferences together with his probation officer between Oct. 31 and Dec. 2. Throughout that very same timeframe, his supervision information listing two makes an attempt to go to Homer at his residence, however no reply on the door.

Homer can be at present serving the rest of his 80-day “day reporting” sentence, which includes checking in on the Weber County Jail 3 times every week and submitting to random drug testing.

As of Tuesday night, officers on the Weber County Jail confirmed Homer will not be in custody.

This report is the primary in a collection inspecting how obvious gaps at each stage of Utah’s prison justice system failed to guard Utahns from an accused serial predator.

When you’ve got skilled sexual violence, you may entry assist and assets by calling Utah’s 24-hour Sexual Violence Helpline at 1-888-421-1100. It’s also possible to name the Rape Restoration Middle Disaster Line at 801-467-7273 or the Nationwide Sexual Assault Hotline at 1-800-656-4673 at no cost, confidential counseling.

Have you ever skilled one thing you suppose simply isn’t proper? The KSL Investigators wish to assist. Submit your tip at investigates@ksl.com or 385-707-6153 so we will get working for you.