Colorado Sex Crime Attorney Blog

Child Sex Crimes and Consent | Jefferson County Attorney

Posted by Kyle B. Sawyer | Jan 28, 2019 | 0 Comments

Consent is a very sensitive topic in our society today. When involved with the law, it is a large determining factor in regards to sex crimes. Furthermore, the age when someone can consent to sexual contact can be all the difference in a case in Jefferson County. Intercourse and sexual touching are legal behaviors when both parties are over 18 years of age and the contact is consensual. Where consent cannot legally exist is when sexual contact occurs between an adult and a minor that is over 4 years younger than the adult at the time of contact. Because consent is such a large determining factor, calling a skilled child sex crimes attorney is a necessity if you're caught in a difficult legal matter.

What is the Age of Consent in Colorado? | Child Sex Crimes Lawyer

The age of consent in Colorado, in large part, depends on the situation and who is involved. One of the most important numbers to remember for teenagers is 4 years. Below are some other variables that apply to charges of Sexual Assault on a Child:

  • child is 14 or younger + actor is 4 or more years older and not the child's spouse
  • child is 15 or 16 + actor is 10 years older and not the child's spouse
  • minor is 17 or younger + actor is in a position of trust (pastor, teacher, coach, tutor, etc)

Position of Trust and Other Age Factors | Child Sex Crimes Attorney

There are many intricacies present when a minor is 15 years of age and sexual contact occurs. A felony may not result if the situation excludes a position of trust. However, if a position of trust has sexual contact with any minor under 18, felony charges will result. Misdemeanor charges typically stem from sexual contact between 15 or 16-year-old minors and those who are 10 years or more older. 17-year-old minors in Colorado can consent to anyone older than them as long as he or she is not in a position of trust over that 17-year-old. So is 17 the age of consent? Well, sort of.

Teachers and Positions of Trust | Child Sex Crimes Lawyer

When looking closely at our education system, an alarming detail is present. Typically, a college student who has gone to school to be a teacher enters the profession between the age of 22 and 25. They become licensed to teach in the state of Colorado and are in a position of trust. This title applies over all minors under 18 that attend the school where they work. This potentially puts a 22-year-old teacher fresh out of college in a position of trust over a 17-year-old senior. Often, the term Position of Trust is not even fully understood by those who hold it because it is taboo, meant to be simply “understood,” and includes little to no training in regards to the weight it bears.

If you or someone you know is facing sexual assault on a child charges, act immediately. Contact the experienced defense attorneys at Sawyer Legal Group at 303-830-0880. Together, we can protect your future.

Photo Credit: Unsplash – Elijah O'Donnell

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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