Jason Lytton was charged on 100 counts of sexual exploitation of a minor — so why did he only serve 10 months in jail?
Hulu’s Betrayal: A Father’s Secret raised that same question when the docuseries premiered on Tuesday, July 30. Based on the “Betrayal” true crime podcast, the three-part special interviewed Jason’s estranged wife Ashley Lytton, his 18-year-old stepdaughter, Avaya, and more people in their inner circle who had a front row seat to his sentencing.
“There was a year in between when Jason was released from his first 30 days in jail to his hearing. In that year we went through three prosecutors,” Ashley recalled in the doc. “There’s a lot of wheels and deals going on and so we heard Jason was going to plead guilty so we wouldn’t have to go to trial.”
Jason was originally booked in 2021 after Ashley found thousands of child sexual abuse images on his computer — including videos he filmed of Avaya, whom she shared with her ex-husband Matt. The authorities found the material through a search warrant but Jason was ultimately indicted on two misdemeanor counts of voyeurism, a third-degree felony of obstructing justice and 10 counts of second-degree felony charges of sexual exploitation of a minor.
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According to “Betrayal” podcast host Andrea Gunning, the plan was for Jason to serve time behind bars.
“Sam Sutton, who was the prosecuting attorney, was fairly confident this would eventually lead to a hands-on offense,” she noted. “The prosecutors felt very certain that it was trending in that direction leading up to sentencing day.”
Audio of a statement Sutton made was featured in the doc where he referred to Jason’s behavior as “one step beyond child porn possession and one step below sexual offense with a child.” Sutton used the fact that Jason filmed Avaya as proof of a “significant agitating factor.”
Jason’s 2022 day in court, however, took an unexpected turn.
“On that day was the first time I met Sam Sutton. He said it looked like there was a level of escalation on Jason’s part on going from photos to filming Avaya. He said we were going for a prison sentence because he is a danger,” Ashley recalled. “But before our time in front of a judge, Sam Sutton went and spoke with Jason’s attorney and that is when he found out there was a deal made.”
After Jason secured a plea deal, he was sentenced to 329 days in Salt Lake County Jail and two years of supervised probation. He was also not allowed access to the internet and was required to fulfill a cognitive behavioral program and a mental health evaluation. Jason’s sentence noted that he would have to take part in a parenting class and comply with the conditions of Group A Sex Offenders.
Sutton later broke down what led to the sentence, which led to Jason only serving 10 months before being released on good behavior.
“It’s pretty common practice for us to explore a plea negotiation in just about every case. I wish the system had more capacity but it doesn’t. So that’s a reality,” Sutton said on the “Betrayal” podcast. “Of course the victim’s input and what happened to them is of paramount concern when we proceed on a specific set of criminal charges. But the job of a prosecutor is broader than that. It’s a group of people balancing imperfect questions and imperfect solutions in terrible situations.”
Since his release, Jason has continued to live in the same town as his estranged wife after registering as a sex offender. The docuseries also noted that Jason “was approved for a smartphone,” despite still being in “his court-appointed sex offender treatment.”
Ashley, who shares 10-year-old daughter Olivia with Jason, remains concerned about how the state of Utah has handled their ongoing custody battle. Jason is currently allowed supervised visits with Olivia, but Ashley and her family think soon that Jason will be able to spend alone time with his child.
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“[Olivia] comes to me and asks me if what she is wearing is appropriate to be around him,” Ashley told the cameras. “Because although she doesn’t really understand, she knows that there is a guard that she has to have up with him to keep herself safe. Because I can’t. There’s nothing in my place for me to do that, which is what scares me about our criminal justice system.”
Jason did not participate in the docuseries. The Hulu special did include footage of Jason’s statement from his sentencing, which was directed toward his family.
“My heart aches, wishing there was something I could say or do to fix this. I want to say sorry to Avaya for destroying her safe place in her life. I failed her as a father and abused her love and trust she had in me,” he said at the time. “I want to say sorry to Ashley for the pain and suffering I’ve caused her. I flipped her whole world around and destroyed her family in the process. I also want to apologize to the kids in the pictures I looked at.”