Colorado Sex Crime Attorney Blog

Denver Incest Laws | Relatives Accused of Incest by Juvenile

Posted by Kyle B. Sawyer | Nov 16, 2015 | 0 Comments

In a recent news story I read, a 41-year-old woman and her husband were accused of incest by a juvenile relative. They were accused of getting the juvenile drunk and forcing him / her to engage in sexual acts with the couple. That was the first incident. The second incident hadn't been fully investigated yet. In the first incident, the juvenile alleged the couple also got drunk before engaging in the sexual acts. The 41-year-old woman was arrested, but the husband is still being investigated. In Denver and Adams County, the couple could face charges of Incest and, depending on the juvenile's age, Sexual Assault on a Child by One in a Position of Trust. Let's learn more about Incest laws and Sexual Assault on a Child by One in a Position of Trust laws in Colorado.

Incest Laws in Arapahoe County and Across Colorado

Incest, C.R.S. 18-6-301, occurs in Arapahoe County and across Colorado whenever a person knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, a relative. A relative is defined as:

“an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or nice of the whole blood.”

Because the juvenile was related to the couple in some way and they are alleged to have engaged in sexual acts with the juvenile (either inflicting sexual penetration or sexual intrusion on), or subjected the juvenile to sexual contact, the couple could be charged with Incest. Incest is a class 4 felony in Colorado and is subject to Colorado's harsh indeterminate sentencing. This means there is a possibility for lifelong prison sentencing because no maximum imprisonment is allowed to be set by a judge.

Sexual Assault on a Child in Douglas County and Jefferson County

Depending on the juvenile's age and if sexual penetration was involved, the couple could also face charges of Sexual Assault on a Child by One in a Position of Trust. Sexual Assault on a Child by a Person in a Position of Trust, C.R.S. 18-3-405.3, is charged in Jefferson County and Douglas County whenever someone:

“knowingly subjects another not his or her spouse to any sexual contact 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.”

The juvenile's age wasn't revealed, but if he / she was under the age of eighteen, the couple could face charges of Sexual Assault on a Child – Position of Trust. “Position of Trust” arises when the accused is acting in a role of responsibility or trust concerning the juvenile. Teachers, babysitters, and parents are always considered to be in Positions of Trust. Though also charged as a class 4 felony in Colorado, if the offense is committed as part of a pattern of sexual abuse and if the victim is less than fifteen years of age, Sexual Assault on a Child by a Person in a Position of Trust becomes a class 3 felony. Since the juvenile alleged there was more than one incident, it raises another issue. If the second incident was similar to the first incident, the couple could face a class 3 felony charge for committing Sexual Assault on a Child by One in a Position of Trust as part of a pattern of sexual abuse. The Position of Trust label will elevate the severity of the offense, much like “Pattern of Sexual Abuse” does.

Children and Juveniles Make False Incest / Sex Assault Allegations in Denver

It's not rare for juveniles to make false sex assault allegations against a relative in Colorado.

I'm not sure whether the juvenile in this news story is telling the truth or not. Unfortunately, it's not uncommon for children and / or juveniles in Denver, Parker, or Lone Tree to make false Incest / Sexual Assault allegations against a relative. For example, perhaps a stepchild in Denver never got along with her stepfather growing up. At 23 years of age, all she wants is for him to break up with her biological mother. To make that happen, she could make an allegation that her stepfather subjected her to sexual contact when she was 22 years old.  Because of Colorado's Incest laws, the stepfather could face charges of Incest since he's technically “related” to the stepchild. This would be devastating. If you or another family member is facing any allegation of Incest / Sexual Assault in Colorado, contact a sex crimes lawyer immediately.

Accused of Incest or Sexual Assault in Denver? Hire a Sex Crime Defense Attorney

Incest laws and Sexual Assault on a Child by One in a Position of Trust laws can be harsh in Denver and across Colorado. Both sexual offenses are also subject to indeterminate sentencing and would require sex offender registration / treatment if the person ever gets out of prison. A criminal conviction of either of these sex offenses can tarnish your reputation and damage your future. That's why you should always consult one of our experienced attorneys if accused of either or both of these sex crimes in Colorado.

Request a Free Consultation

If contacted by police regarding a charge of Incest or Sexual Assault on a Child anywhere in Colorado, be smart, exercise your right to remain silent and call the best sex crimes defense attorneys at the O'Malley Law Office at 303-830-0880 or fill out the “Get Help Now” form at the side of this page. Together, we can protect your future.

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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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