Colorado Sex Crime Attorney Blog

Denver Child Sexual Assault Charges Can Be Unfair

Posted by Kyle B. Sawyer | Jun 30, 2015 | 0 Comments

Sex is something many young kids try to experiment with on a daily basis. They are curious, and often don't understand the consequences of their actions. Recently, I read a great example of this when a 19-year-old man mistakenly had sex with a 14-year-old girl. The two met on a social app called Hot or Not, where people set up profiles and rate one another on physical appearance. However, the 14-year-old said she was 17 years of age on her profile before meeting up with the 19-year-old. In Douglas County, Adams County, and everywhere else in Colorado, the young man would face Sexual Assault on a Child charges. The penalties for this sex crime can be harsh, and sometimes unjust. Let's look at how Sexual Assault on a Child is sometimes charged unfairly.

What is Sexual Assault on a Child in Denver?

The definition of Sexual Assault on a Child, C.R.S 18-3-405, is:

Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

Sexual Assault on a Child is a class 4 felony, but is a class 3 felony if an adult uses force or threatens to kill, hurt or kidnap the child to have sex with them. A class 4 felony could result in 2-6 years in the Colorado Department of Corrections. The 14-year-old alleged that the sex with the man was consensual, so it is unlikely that the man threatened her to have sex with him. But, he is at least 4 years older than the girl, which means he could face charges of Sexual Assault on a Child. There is also indeterminate sentencing for Sexual Assault on a Child in Jefferson County. This means that a judge won't put an upper limit on a sentence in the Colorado Department of Corrections. So, the sentence could range from 2 years to even life in prison. Sex offender registration and sex offender treatment are additional consequences. The Sex Offender Management Board (SOMB) thinks that a mistake that happened once will likely happen again. This doesn't give someone a chance to grow or accept responsibility for their actions. Rather, it condemns them.

Sexual Assault on a Child Charges Can Be Harsh

You can't always know what's true and what isn't when you meet someone online.

The parents of the young man were upset at the situation because they felt their son was facing unfair consequences. One of these consequences included sex offender registry lasting into the boy's adulthood. When I think about it, it really is a tough situation. Meeting someone online, for example, complicates things. It's not always easy to know what's true and what isn't, especially with someone's age. And, the young man in this situation was probably looking for something fun and exciting rather than intending to break the law. A sex offense could also follow this young man for the rest of his life, making it hard for him to live a normal life.

Why You Need the Best Sex Crime Defense Lawyers in Jefferson and Arapahoe County

You should never have to face any unjust criminal charges on your own. The attorneys at the O'Malley Law Office look at cases like this one to determine how we can best defend your side of the story. We have over 40 years of combined courtroom experience, and understand how the justice system works. Often, the justice system is extremely harsh when people need grace and forgiveness. These are what our Denver defense attorneys want to provide. We fight aggressively on behalf of those who have been charged with sex crimes.

Request a Free Consultation

If you are facing child Sexual Assault charges, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your  child's future.

Image Courtesy of Sira Anamwong /

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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