Colorado Sexual Assault cases like Sexual Assault (C.R.S. 18-3-402), Internet Luring (C.R.S. 18-3-306), and Sexual Assault on a Child (C.R.S. 18-3-405), have different proof issues compared to most other cases. In a Denver theft case, for example, you have stolen property which can be located and brought to court as evidence. In regular Arapahoe County Assault cases, you have physical injuries like a cut, bruise or scratch. In a Douglas County DUI case, you have blood alcohol content. In sexual offenses, you often have no evidence. Charges are brought solely based on one person accusing another person of touching them in a sexual manner. This breeds accusations which are resolved based on who a jury believes. Some women are sympathetic “victims”, more believable than a man. Without question, young children are seen to possess a measure of innocence and believability.
These Sexual Assault cases in Adams and Jefferson County develop into contests to build up or tear down the believe-ability of a “victim” or the accused. I resent that our criminal justice system sends men to prison based solely on the word of an angry ex-girlfriend, ex-wife or step-daughter. Children have learned the power they have to take revenge against a relative or stepfather when they don't get their way. Worse still, the government supports these children's conduct by not asking tough questions. The “believe the children” crowd has permeated district attorney and police offices across Colorado, and challenging children with in-depth questions is seen as off limits. As a result, innocent men are going to prison.
We need to consider why Weld and Larimer County sexual assault charges don't need evidence like other cases do. Are we afraid that men will assault women and children with sexual touch if we refrain from prosecuting these cases which lack evidence? I am not convinced this will result. Most likely, District Attorney trial budgets will be cut back, our prison population will level off, and tax payers will save millions not incarcerating the innocent.
If you are ever contacted by police regarding any type of sexual offense, we are here to defend you. So, be smart, exercise your right to remain silent and call us today at 303-830-0880. Together, we can protect your future.