A martial arts instructor has been charged with Sexual Assault. According to the Denver police, the man is a boxing coach who was accused of assaulting a teenage girl late last fall. I'll use this article to discuss how a person is charged with this serious sexual offense, and learn how it differs from Sexual Assault on a Child charges in Arapahoe, Douglas, and El Paso County.

Sexual Assault Charges in Colorado

Sexual Assault – C.R.S. 18-3-402, is charged whenever a person has sexual intercourse with a person against their will, or when they know the alleged victim is incapacitated. An important aspect of this offense vs. Sexual Assault on a Child, is that in order to be charged, “sexual intrusion or sexual penetration” must occur.

Sexual Assault on a Child Charges in Colorado

Sexual Assault on a Child – C.R.S. 18-3-405, is charged in Jefferson, Adams, and Boulder County whenever a person has sexual contact with a child under the age of fifteen. According to the statute, “sexual contact” doesn't require penetration or intrusion, as Sexual Assault does. Instead, “sexual contact” is the touching of intimate parts, or the clothing covering intimate parts.

What is the Difference Between the Two?

So, then what's the difference between these two crimes? Obviously, it is much easier to commit Sexual Assault on a Child, because sex doesn't actually have to occur. So, when a District Attorney looks at which offense to charge, the main thing they look at is whether or not sexual penetration or intrusion occurred.

 – Age of the Alleged Victim

In order for Sexual Assault on a Child to be charged, the alleged victim must be younger than fifteen, and the defendant must be at least 4 years older. So, if a 14 year-old girl has sex with her 16 year-old boyfriend, they technically don't fall within the law (although he could face other charges).

Misdemeanor Sexual Assault is normally charged after consensual sex when the alleged victim is 15-16 years old and the defendant is at least ten years older. But, included in the law under a separate sub-section is the following:

At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older.”

As you can see, both crimes cover children under the age of fifteen. So, what is the main difference?

 – Type of Contact

The biggest difference between Sexual Assault and Sexual Assault on a Child is the type of contact. As I stated in the definitions above, Sex Assault requires actual sexual penetration or sexual intrusion to be charged, while Sex Assault on a Child can be touching an intimate part (including the butt), or the clothing covering an intimate part of someone under the age of fifteen.

The Martial Arts Instructor's Charges

The martial arts instructor was charged with Sexual Assault, not Sexual Assault on a Child. That is because the alleged victim was 16 – above the age limit required for Sexual Assault on a Child charges. Surprisingly, the martial arts instructor wasn't charged with Sexual Assault on a Child by a Person in a Position of Trust. This crime is the same as Sexual Assault on a Child, except the age limit is raised to any child under the age of 18. In order to be charged with this offense, the defendant must be in a “position of trust” to the alleged victim. While the man was a martial arts instructor, the girl must not have been his student – otherwise he would have been charged with Sexual Assault on a Child by a Person in a Position of Trust.

Why You Need a Lawyer if You've Been Accused by a Teen

False accusations are common – because of this, it is vital that you work with an expert criminal defense lawyer to ensure you get the best possible outcome in your case.

The martial arts instructor insists he is innocent of the accusations against him. As an expert criminal defense attorney with over 20 years' experience, I can say with confidence that false accusations are common. The martial arts instructor has hired an attorney – this is wise. As you can see, Sexual Assault charges are difficult to understand. You need the knowledge of the best criminal defense lawyer who can take a look at your unique situation and work to get you the best possible outcome in your case. Most of these felony charges are subject to indeterminate sentencing, but all are subject to sex offender registration, and sex offender treatment. The stakes are high – contact a hard-hitting criminal defense attorney from the O'Malley Law Office to aggressively defend your future. We fight to win.

If you or a loved one has been charged with Sexual Assault or a related crime, 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.