A New Jersey teacher is facing charges of sexual assault on one of her 15-year-old students. If she was a teacher in Denver, Arapahoe, or Douglas County, she would be charged with Sexual Assault on a Child by One in a Position of Trust – C.R.S 18-3-405.3.
False Allegations of Sexual Assault on a Child by One in a Position of Trust
There has been a large outcry following these allegations – many of the teacher's students don't believe she is guilty. A Facebook group was started in support of her innocence, and they believe she has been charged with crimes “that do not describe her character.” The teacher (who graduated in 2008 from the same school), will plead not guilty. Allegations of sexual assault on a child by one in a position of trust are serious – because it is a sex offense, you will face long-lasting consequences if convicted in Jefferson or Adams County.
What is the Sentence for Sexual Assault on a Child by One in a Position of Trust in Denver?
Sexual assault on a child by one in a position of trust occurs when a person “knowingly subjects another not his or her spouse to any sexual contact…if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust…”
Class 3 Felony: It is a Class 3 felony if the offense was committed as a “part of a pattern” (i.e. if they had sexual contact more than once).
Class 4 Felony: If the offense occurred with a child older than fifteen, but younger than eighteen, and only happened once (not a pattern of abuse), it is a Class 4 felony.
Indeterminate Sentencing: Sexual assault by one in a position of trust in Denver is a sex offense that is subject to indeterminate sentencing. The court imposes a minimum sentence length, but leaves the maximum length indeterminate, such as 2 years to life.
Why You Need an Experienced Sex Assault Lawyer in Denver
Because of the severe consequences of a conviction of sexual assault on a child by one in a position of trust in Denver, it is vital for your freedom that you work with an experienced attorney. The sex assault lawyers at the O'Malley Law Office have dealt with serious sex crime cases many times. Often, we can get a case dismissed or create a plea deal where you plead to a less serious offense to avoid an indeterminate sentence. Colorado has very harsh laws in effect for sex offenders, and often you are seen as guilty until proven innocent – even if the allegations are false.Request a Free Consultation