A story has been prominent in the new the last few weeks which illustrates perfectly just how convoluted sex crime cases can be. A security guard at a high school in Denver has been arrested on suspicion of Sexual Assault on a Child and Sexual Exploitation of a Child. Let's look closer at this case to see how quickly these cases gain media attention in Arapahoe, Douglas, and Denver County.

Young Security Guard Sexts High School Girls

According to news reports, the 22-year-old security guard is suspected of sexting two high school girls. The texting included inappropriate photos as well as messages (Sexual Exploitation of a Child is charged whenever a person is in possession of child pornography). Apparently, he sent his phone number to a young female student who he thought was cute, and then suggested they have sex. The girl's friend told him to back off, but then things escalated, and they all exchanged nude photos. Now, the young man's face is all over the news with the words “Security Guard Caught Sexting Students.” The news states he is under suspicion of both Sexual Assault on a Child by a Person in a Position of Trust and Sexual Exploitation of a Child. These are serious charges in Adams, Jefferson, and El Paso County. But, there's something fishy going on with his case. I have been a criminal defense attorney for over 20 years, and can spot that something is wrong with this case:

[pullquote align=”center” textalign=”center” width=”90%”]Why is he being investigated for a crime there is no evidence for?[/pullquote]

There is No Evidence of Sexual Assault

There isn't any evidence that the girls were sexually assaulted. The crime he is being investigated for is Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3. A person will be charged if they subject a child under the age of 18 to any sexual contact. “Sexual contact” is defined as the “knowing touching of the victim's intimate parts” (genitalia, butt, or breasts), or the victim touching the actor's intimate parts, “or the touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purpose of sexual arousal, gratification, or abuse.” In other words, in order to be charged with Sexual Assault on a Child, touching of some sort had to occur. There is no evidence the security guard ever met the young women in person – in fact, the alleged meeting for sex never occurred. The school reports the allegations “all stem from text messages and photographs,” and the news said a judge did not find probable cause to officially charge him with this second offense. So, why are they investigating him for Sexual Assault?

It Goes Against the Security Guard's Personality

Since the allegations have come to light, one man has come to the security guard's defense – his partner, who claims he is gay and would never have pursued the young women. He also says he knows the defendant well and insists he is an “honest and truthful person.” This man defends him completely, saying he can “guarantee” his partner would “not do such a thing.”  As a seasoned sex crimes lawyer, I have worked with many clients who would never do what they have been charged with – their character, beliefs, and personality go against it in every way. Yet, they are still falsely accused and charged. We uncover the hidden motives.

Why You Need a Lawyer for Sex Crime Cases

This case involving the security guard illustrates perfectly how the media can blow things out of proportion, and how you can be charged with a crime even where there is no evidence. The judge in the case couldn't find probable cause for charging Sexual Assault on a Child, yet the media is reporting it regardless. Sexual Assault on a Child by a Person in a Position of Trust is a crime with life-altering consequences. If convicted of this offense, a person will receive a mandatory indeterminate prison sentence. This means they will be sent to prison for up to life. Both of the crimes the security guard has been charged with are sex offenses requiring sex offender treatment and registration upon conviction. Why is this young man's name being printed all over the Denver metro area? He would be wise to contact a skilled criminal defense attorney to defend him in court. DAs don't like to dismiss sex offense cases, even when there is no evidence – we have seen it first-hand. This is why you need an aggressive lawyer fighting for your rights and freedom.

Request a Free Consultation

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

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