Arapahoe County Middle School Teacher Charged with Sexual Assault on a Child by One in a Position of Trust

We all want to know that the people we entrust the care and education of our children with are worthy of our trust. If that trust is broken by the person committing Sexual Assault on a Child by One in a Position of Trust, the penalties are severe. Earlier this year, a student at Prairie Middle School in Aurora made claims against her teacher, and was told that her ‘false allegations' would ruin his family and career. According to The Gazette, she recounted her claims, and was suspended. Later, more claims were made by another student against the same teacher, and after investigation, it was revealed that the teacher had inappropriate sexual relationships or communication with 5 different student. Each of the students are to receive 2.3 million dollars from the settlement, and this coming Friday, the teacher will be sentenced at Arapahoe County District Court. He pled guilty 2 months ago to not only Sexual Assault on a Child by One in a Position of Trust, but also Sexual Exploitation of a Child, Attempted Sexual Exploitation of a Child and Internet Exploitation of a Child.

Definition of Sexual Assault on a Child by One in a Position of Trust in Denver

In Denver and throughout Colorado, Sexual Assault on a Child by One in a Position of Trust is defined in C.R.S. 18-4-405.3 as:

“Any actor 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 with respect to the victim.”

Who is considered “One in a Position of Trust” in Douglas County?

In Douglas County, “one in a ‘position of trust' includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act” (C.R.S. 18-3-401). Of many, this could be a teacher, mentor, coach, therapist, police officer, doctor, or babysitter.

Penalty for Sexual Assault on a Child by One in a Position of Trust in Adams County

In Adams County, if the victim, such as the girls mentioned in the news article, are under 15 years-old, or if the offense was part of a pattern in which there was more than one sexual encounter, the crime will be charged as a Class 3 Felony. If the victim is between 15 and 18, and was a one-time occurrence, then the crime is a Class 4 Felony. The consequences of these felonies are serious, even permanent, as Sexual Assault on a Child by One in a Position of Trust is subject to indeterminate sentencing. This means that if convicted, you will be given a minimum prison sentence, but not a maximum, such as 4 years to life. Because the remainder of your life is on the line, it is of vital importance that you have the best Denver defense lawyer possible on your side, one who is experienced in Sexual Assault on a Child cases and knows how to put forward your best possible defense.

Jefferson County Lawyer for Sexual Assault on a Child by One in a Position of Trust

Don't leave your fate in the hands of an angry judge and a DA who wants nothing more than to see you in prison for as long as possible. If you are facing charges in Jefferson County for Sexual Assault on a Child by One in a Position of Trust, contact the defense lawyers at O'Malley and Sawyer today – call 303-830-0880. Together, we can protect your future.

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