Last week it hit the news in the Denver area: A man was posing as a masseur (massage therapist) at a spa, and has been accused of sexually assaulting at least three women. Let's take a look at this recent news and learn more about Sexual Assault charges in Adams, Jefferson, and Arapahoe County and across Colorado.

Man Poses as Masseur at Spa

According to the news, a woman went in to a spa in Aurora for a massage. While she was on the table, the masseur allegedly assaulted her. She put up a fight and was able to get off the table, get dressed, and leave the establishment. Apparently she called the police, because the fake massage therapist was arrested shortly after the incident. After an investigation, it was found there were at least two other alleged victims – regulars at the massage parlor. The fake masseur was arrested and is facing Sexual Assault charges.

Does Actual Sex Have to Occur for Sex Assault Charges?

A common question regarding Sexual Assault charges, is whether or not sex has to occur in order for this sex offense to be charged. According to the statute, Sexual Assault – C.R.S. 18-3-402, is charged whenever a person submits another person to sexual intrusion or sexual penetration without consent. According to definition, “sexual intrusion” is the intrusion of a part of the defendant's body (minus the mouth, tongue, or penis) into the genital area of another person. In other words, sexual penetration doesn't have to occur to be charged.

False Accusations are Common

In the situation of the fake masseur, it isn't likely the accusations are false, because there are multiple victims. But, because of the nature of Sexual Assault, false accusations are common. This is because:

1.No Physical Evidence is Required for Conviction

2.Usually There are No Eyewitnesses to the Incident

In most cases, there is no evidence to bring to the courtroom in Douglas, Boulder, or El Paso County. In this situation, there would be no rape kit to show to the jury. And, because sexual assault usually occurs between two people in solitude, there usually aren't any additional witnesses. Thus, Sexual Assault cases usually turn into “he said – she said” arguments. Even with lifetime imprisonment at stake, physical evidence is not required.

Why You Need the Expertise of a 100% Criminal Defense Lawyer

If you or a loved one has been accused of Sexual Assault, it is vital that you contact a skilled criminal defense lawyer immediately. Criminal law is complex, especially when it comes to sexual offenses. You need the expertise of a full-time criminal defense attorney who has a strong grasp and understanding of the law regarding Sexual Assault. Don't hire a personal injury or divorce attorney who dabbles in criminal law. False allegations are more common than you think, but the criminal justice system often treats defendants as if they are guilty before they've even gone to trial. You need an advocate in the courtroom so you're not defending yourself against the alleged victim – who will be pitied and believed. Have an advocate on your side, fighting for your rights and freedom.

If you or a loved one has been charged with Sexual Assault, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.