Late last night, an Adam's County Sheriff's Deputy was arrested under suspicion of Sexual Assault on a Child by One in a Position of Trust. This is a very serious sex offense in Colorado – one which could result in an indeterminate sentence, or life in prison. Unfortunately for the Sheriff's Deputy, his name and face are now plastered all over the news with accusations of being a child predator. If the allegations prove to be untrue, he will have a difficult time overcoming the stigma of the inflammatory news put forth by the media. These kinds of articles serve only to arouse suspicion and create gossip. It would be much better to wait until a person is convicted, or at least charged formally with a crime before publishing their face all over the news for the public to judge (which is why we are not mentioning his name in this blog). We have worked with more than one client who was declared innocent, but the newspapers never print a retraction. With crimes as serious as Sexual Assault on a Child, it is wise for us all to step back and not make assumptions about the guilt of people who are arrested. Let's take a look at the seriousness of this offense in Denver, Jefferson, and Boulder County:

[pullquote align=”center” textalign=”center” width=”70%”]Publishing the names of people who have been accused of crimes serves only to arouse suspicion and create gossip. [/pullquote]

What is Sexual Assault on a Child by One in Position of Trust?

Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3, is slightly different than Sexual Assault on a Child. Colorado statute states that any person who “knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust 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 in respect to the victim.” In order to fully understand this law, we need to define a few terms:

–          What is “Sexual Contact”?

When we hear the words “sexual assault,” we think the worst. In reality, sexual assault can include touching someone's butt or breast – while they are clothed. The definition is a knowing “touching of the victim's intimate parts…or of the clothing covering the immediate area of the victim's or actor's intimate parts if that contact is for the purposes of sexual arousal.”

–          What is “Position of Trust”?

Position of Trust is defined as a parent, or any person acting in the place of a parent, such as someone who is responsible for the heath or supervision of the child. This term can be vague, but often includes teachers, pastors, youth pastors, and other professionals.

What is the Sentence for Sexual Assault on a Child, Position of Trust?

The sentence for this sex offense in Arapahoe, Douglas, or Larimer County varies, depending on the circumstance. But, regardless of the sentence, this crime is subject to indeterminate sentencing, which means there is no upper limit to how long a person will spend in prison.  A judge will sentence a person convicted of a class 4 felony Sexual Assault on a Child, Position of Trust, to prison (DOC) for a minimum of 2 years to life. If the victim is less than 15 years old, it is a class 3 felony with a 4 year to life sentence minimum. Another consequence is being required to register as a sex offender for the rest of your life (you are able to petition to deregister if you received a deferred judgment, however), and undergo sex offender treatment overseen by the Sex Offender Management Board.

[pullquote align=”center” textalign=”center” width=”70%”]Don't lose hope if you have been accused of this sex offense – contact us and fight for your future![/pullquote]

Why You Need an Experienced Sex Crimes Attorney

If you have been accused of Sexual Assault on a Child by One in a Position of Trust, it is absolutely vital to your future that you work with an experienced criminal lawyer. Your life is at stake, and your family's future is at stake. We have successfully defended many clients who have been charged with this serious offense. The media and the public will assume you are guilty until you have been proven innocent. You need an advocate to fight on your behalf in the court.

Request a Free Consultation

If you or a loved one is facing accusations of Sexual Assault on a Child, Position of Trust, just like the Sheriff's Deputy, 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 for a free consultation. Together, we can protect your future.

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