Colorado Sex Crime Attorney Blog

3 Reasons Why Sex Offenses are Different in Colorado

Posted by Kyle B. Sawyer | Aug 27, 2013 | 0 Comments

Sex offenses are treated much differently than other crimes in Denver, Arapahoe and Douglas County. Sex offenses like Sexual Exploitation of a Child – C.R.S 18-6-403 (otherwise known as possession of child pornography), Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3, and Indecent Exposure – C.R.S.18-7-302 have treatment and management differences that are vastly different from other crimes. It is important to understand these differences so that you know what to expect when you are facing sex offense charges in Jefferson and Adams County.

1. The Government Sees Sex Offenses as Dangerous Crimes

The government in Denver views sex offenses as dangerous offenses. This is because of a few factors:

  • They can't predict when the accused will reoffend.
  • They can't assure that treatment has been effective, and that the accused is changed.
  • Sex offenses are often committed against children, who are seen as vulnerable and impressionable (crimes committed against them have lasting effects).

If someone is accused of theft, for example, it is easier to ensure that the person who has been convicted has been rehabilitated – you can treat them for their wrong view of the world, train them to work hard at a job, and/or jail them to change their behavior. It is much more difficult to manage and treat sex offenders.

2. Government Officials Are Protecting their Jobs

Government officials want to protect their jobs. If a sex offender reoffends, officials are worried they will be blamed, and will lose their job. Because sex crime defendants are difficult to predict, employees of the government in Denver, Aurora and Littleton (such as probation officers and judges) impose the strictest conditions and restraints they can use. That way, if a sex offender reoffends, they can prove that they “did everything they could do,” and cannot be held responsible. Judges and probation officers will only back off of the strictest conditions if and when they are convinced a person has been rehabilitated enough that they don't pose an ongoing threat. They are not concerned about a defendant's job losses or harm to families which  the strict restrictions can cause.

3. Sex Offender Sentences are Harsh

The sentences for sex offenders in Colorado are very harsh. Here are a few examples of the sentences you might expect with a sex offense conviction:

  • The Colorado Sex Offender Management Board (SOMB) enforces mandatory offender treatment rules. These include restrictions on where a sex offender can live, work, who they can be near (no children – even if they're your own), and what you can think about. It is a comprehensive list which is “one-size-fits-all.” It doesn't take into account the different levels of severity in sex crimes.
  • Some sex offenses are subject to indeterminate sentencing. This means that you could be sentenced for a indeterminate amount of time – such as 2 years to life. The length of your sentence in the Colorado Department of Corrections is up to the discretion of the parole board (which is subject to the whims of politics).

What you Can Do to Defend Yourself if Charged with a Sex Offense in Colorado

Because sex offenders are all treated the same, it is vital to your freedom that you have an experienced criminal defense attorney by your side. If you are convicted of or plead guilty to a sex offense, the consequences are long-lasting. People will treat you as if you will reoffend at any moment. Employers will be concerned about hiring you. Don't face these charges alone.

Request a Free Consultation

If you or a loved one has been charged with a sex offense in Denver, 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, or submit the “Get Help Now” form. Together, we can protect your future.

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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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