State v. Wilcox
In State v. Wilcox, 808 P.2d 1028, 1032 (Utah 1991) the Court acknowledged that in child sexual abuse prosecutions, identifying the specific date, time, or place of the offense is often difficult owing to the inability of young victims to provide this information.
Responding to the realities of cognitive development, we have been less demanding of exact times and dates when young children are involved.
The Court noted that "if we were to hold that . . . no offense could be charged because the alleged victim is too young to testify with certainty concerning the time, dates, or places where the abuse occurred, we would leave the youngest and most vulnerable children with no legal protection. An abuser could escape prosecution merely by claiming that the child's inability to remember the exact dates and places of the abuse impaired the abuser's ability to prepare an alibi defense." Wilcox, 808 P.2d at 1033.