By Tracie Sullivan, For Iron County Today
A Southern Utah man convicted this week of aggravated sexual abuse of a child filed a controversial legal motion ahead of his trial. In it, he compared people accused of child molestation to Black Americans persecuted under Jim Crow laws — and argued they deserve protections as a “class” of people.
Dylan Christian Stubbs, 30, was found guilty Monday by an Iron County jury after a four-day trial. The conviction stems from accusations that Stubbs sexually abused a 6-year-old girl under his care at his family’s in-home daycare in Parowan. The abuse reportedly occurred between 2016 and 2017 and was later disclosed by the child during a camping trip.
Stubbs also faces two first-degree felonies for sodomy of a child in another case that is ongoing.
But it was the legal maneuvering ahead of the trial that drew sharp rebuke from prosecutors — and could have wider implications in future child sex abuse cases.
In a motion filed earlier this year, Stubbs’ defense attorneys asked the court to strike Utah’s Rule of Evidence 404(c) as unconstitutional. The rule allows prosecutors in child sex cases to bring in any other acts of child molestation — even unproven allegations — to show the defendant has a pattern of similar behavior.
Defense attorneys Edward Flint and Jonathan Nish argued the rule violates due process by creating what they called a “quasi-strict scrutiny” standard that unfairly targets people accused of child molestation.
They claimed this class of defendants is treated “with more suspicion than even convicted felons,” and argued that individuals with a sexual attraction to minors are born with a “mental disorder” akin to a sexual orientation — a condition they said qualifies them as a protected class under constitutional law.
“Being sexually attracted to children is now widely recognized as a mental disorder. It is, in that sense, much like a sexual orientation… [and] those who suffer from it are being treated as criminals because of a condition they were born with,” defense attorneys wrote in the motion.
The motion went further, comparing the legal treatment of accused child sex offenders under Rule 404(c) to the racial injustices endured by African Americans during segregation, suggesting the rule creates a modern-day equivalent of Jim Crow.
“The logic mirrors the flawed thinking of the Jim Crow South,” the motion stated, arguing that child sex defendants are subjected to “prejudice and irrational fear.”
Prosecutors with the Iron County Attorney’s Office forcefully rejected that framing.
Deputy County Attorney Trajan Evans, who wrote the response to the defense motion, said the comparison was both offensive and constitutionally unsound. In their response, prosecutors defended the rule as essential to protecting children.
“Rule 404(c) serves a compelling government interest in protecting vulnerable child victims,” the filing states, “by allowing the introduction of evidence that helps juries recognize recurring patterns in uniquely difficult-to-prove cases.”
The prosecution used Rule 404(c) to introduce testimony from multiple individuals, including witnesses tied to a prior juvenile adjudication from when Stubbs was 15 — and reportedly from another alleged victim in a separate, ongoing case.
According to court documents, Stubbs’ history with the justice system — and allegations of sexual misconduct involving children — dates back 15 years.
According to court documents, the child disclosed that Stubbs had touched her in a “bad spot”— a statement she later repeated during an interview at the Children’s Justice Center.
During trial, jurors heard from the victim, now a teenager, who quietly but clearly described how Stubbs abused her during nap time at the family daycare when she was just six years old.
She recalled sitting on his lap while he showed her a video — a moment he used, prosecutors said, to abuse her in what they described as. “a calculated betrayal of trust.”
Prosecutors said the child’s consistent account, along with corroborating testimony from other witnesses, helped secure the guilty verdict. The jury deliberated for just 40 minutes before returning with a conviction.
“The bravery of the victims in telling the truth is what made this prosecution possible,” he said. “Their voices mattered, and justice was heard.”
Stubbs will likely be sentenced in August. The conviction carries the possibility of at least 15 years.
Following the verdict in the first case, Iron County Attorney Chad Dotson issued a public statement praising the prosecution team and the victims who came forward.
“I am so proud of Prosecutors Shane Klenk and Trajan Evans for their work in the jury trial against Dylan Stubbs,” Dotson said. “Their tireless dedication, meticulous preparation, and unwavering pursuit of justice were nothing short of exceptional. It was an honor to work alongside them during the trial.”
Dotson also recognized victim advocate Jessica Cramer and the behind-the-scenes work of his legal assistants.
“Most of all, I am inspired by the courage of the young victim in this case — and of the many others who came forward. Their bravery in telling the truth is what made this prosecution possible. Their voices mattered, and justice was heard.”
A trial date for that case has not yet been set. Stubbs remains in custody at the Iron County Jail.
1 comment
Donald Young
Thank god they got it right. This person should never ever be allowed on the streets. Ever. I wouldn’t trust this guy alone with my cat.