According to the news, a 56-year-old man was accused of having a sexual relationship with a family member for nine years, starting when she was 2 years old and lasting until she was 11 years old . He was also accused of having a sexual relationship with a child living in his neighborhood, starting in 2010 when she was 6 years old and lasting until she was 11 years old. In Denver and Arapahoe County, this man would likely be charged with Aggravated Incest and Sexual Assault on a Child by One in a Position of Trust. If these accusations make you mad, that's fine. But please realize that many kids make unbelievable accusations which are later proven to be false. It is hard to undo the damage from an accusation of sexual assault involving a kid.
Aggravated Incest in Douglas County
Aggravated Incest, C.R.S. 18-6-302, is charged in Douglas and Adams County whenever someone knowingly:
- Marries his or her natural child, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact (as defined in 18-3-401), his or her natural child, stepchild or child by adoption. “Child” under this paragraph refers to a person under twenty-one years of age.
- Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact (as defined in 18-3-401), a descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood who is under ten years of age.
Because the 56-year-old man was accused of having a sexual relationship with a family member who was under ten years of age, he could be charged with Aggravated Incest. Aggravated Incest is a class 3 felony in Colorado and is also subject to indeterminate sentencing in Colorado. Because so much of your future is at stake with an accusation or charge of Aggravated Incest, it's vital you work with an experienced Incest criminal lawyer in Denver.
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Denver Sexual Assault on a Child Can Be Charged with Incest
In Incest and Aggravated Incest cases in Denver and Jefferson County, men and women can also be charged with Sexual Assault on a Child, C.R.S. 18-3-405, or Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3. Sexual Assault on a Child by One in a Position of Trust is charged whenever:
“someone is accused of subjecting a person who isn't their spouse to sexual contact when the alleged victim is a child less than eighteen years of age and the actor is in a position of trust with respect to the victim.”
Since the 56-year-old man allegedly subjected both girls (who were under eighteen years of age) to sexual contact, and he was in a position of trust with respect to the child victims, he could be charged with Sexual Assault on a Child by One in a Position of Trust. He could qualify as a person in a position of trust if he was a parent or acting in the place of a parent and charged with a parent's rights, duties or responsibilities of a child, a guardian or someone else responsible for a child's welfare, or a person charged with the duty or responsibility for a child's health, education, welfare or supervision. Because he allegedly subjected the girls to sexual contact for a number of years, he could also be charged with class 3 felony Sexual Assault on a Child by One in a Position of Trust for committing the offense as part of a pattern of sexual abuse.
Best Denver Incest and Sexual Assault on a Child Defense Attorneys – Why You Need Them
Being accused, arrested or charged with Aggravated Incest or Sexual Assault on a Child by One in a Position of Trust can be crippling. In addition to sex offender registration and sex offender treatment, you could risk facing indeterminate prison sentencing if convicted of either of these harsh sex crimes in Colorado. That's why a skilled Denver or Arapahoe County sex crimes defense lawyer is imperative. Don't wait if facing criminal charges – call our office today.Request a Free Consultation