Recently, a man working as a hypnotist and psychologist allegedly engaged in a sexual relationship with one of his clients two separate times. The first time the man sexually assaulted the client, the victim never told anyone about it. But the second time she went in for treatment from the hypnotist, she claimed that the man again sexually assaulted her. The woman was described as being in a mentally traumatized state of mind and in need of help. If this situation occurred in Arapahoe County, the man would likely face charges of Sexual Assault on a Client by a Psychotherapist. If you've been charged with sexual assault by a psychologist anywhere in Colorado, call the best criminal defense lawyers at the O'Malley Law Office today.

What is Sexual Assault on a Client by a Psychotherapist in Denver?

There are two types of sexual assault under the definition of Sexual Assault on a Client by a Psychotherapist, C.R.S 18-3-405.5.

1. The first type of assault in Douglas County and across Colorado is:

Aggravated Sexual Assault

Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits aggravated sexual assault on a client if:

• The actor is a psychotherapist and the victim is a client of the psychotherapist; or
• The actor is a psychotherapist and the victim is a client and the sexual penetration or intrusion occurred because of therapeutic deception.

Aggravated sexual assault on a client is a class 4 felony, which can result in 2-6 years in prison.

2. The second type of sexual assault involving a therapist or counselor in Jefferson County and across Colorado is:

Sexual Assault

Any actor who knowingly subjects a victim to any sexual contact commits sexual assault on a client if:

• The actor is a psychotherapist and the victim is a client of the psychotherapist; or
• The actor is a psychotherapist and the victim is a client and the sexual contact occurred because of therapeutic deception.

Sexual assault on a client, however, is a class 1 misdemeanor, which can result in 6-18 months in the Adams County Jail. The difference between Sexual Assault and Aggravated Sexual Assault is that Aggravated Sexual Assault involves sexual intrusion, while Sexual Assault involves sexual contact.

Because the victim was a current client of the offender, it is likely he would face Sexual Assault on a Client by a Psychotherapist charges if the accusation is true. Further, if the psychologist is guilty, he falls under the definition of a psychotherapist because he performs psychotherapy. The law's definition of psychotherapy is:

The treatment, diagnosis, or counseling in a professional relationship to assist individuals or groups to alleviate mental disorders, understand unconscious or conscious motivation, resolve emotional, relationship or attitudinal conflicts, or modify behaviors which interfere with effective emotional, social or intellectual functioning.”

The victim's vulnerable state of mind makes it possible that the psychologist took advantage of her, but it is possible that it led her to make false accusations as well. Whether the sexual actions were a result of an aggravated sexual assault or a sexual assault on a client is hard to say, but the man could face consequences for either if found guilty. Along with possible sentencing, he could potentially be required to register as a sex offender and obey the harsh sex offender treatment rules of the Sex Offender Management Board (SOMB). We have seen cases where people are wrongly accused of sexual assault when a victim is suffering from a mental illness. And, unfortunately, there doesn't have to be much evidence when a sexual assault case is reported. This is why a knowledgeable sex crime defense attorney is needed at your side.

Why You Need The Best Denver Sex Crime Attorneys

Even though Sexual Assault on a Client by a Psychotherapist is treated in a harsh manner, the attorneys at the O'Malley Law Office have defended many sex crime cases and fight to win. Since it is possible for an alleged victim of a sex crime to make false reports to police, it is important for us to identify motives for the false report and expose them to the jury. If you are facing sexual assault charges anywhere in Colorado, contact one of our experienced criminal defense attorneys early on in your case.

If you or a loved one has been charged with Sexual Assault on a Client by a Psychotherapist, 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 future.