Recently, a former Adams County elementary school teacher was ordered to stand trial for 13 charges of sexual assault on a child. He was accused of sexually assaulting 6 girls between 9 and 10 years old, while they were students at an elementary school where he taught in Commerce City. The man was accused of assaulting the girls between 2004 and 2011. The 65-year-old man was charged with Sexual Assault on a Child by One in a Position of Trust as a Pattern of Sexual Abuse, Sexual Assault on a Child by One in a Position of Trust and Sexual Assault on a Child.

Sexual Assault on a Child by One in a Position of Trust in Douglas County

In Douglas and Arapahoe County, Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3 is charged whenever:

“Any actor 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.”

When committing sexual assault when you're in a position of trust, the consequences can be devastating. Sexual Assault on a Child with the position of trust label (if a victim is less than fifteen years of age) is a class 3 felony. Since the girls in the news story were allegedly subjected to sexual contact while they were under the age of eighteen years old by a teacher, it would qualify as class 3 felony Sexual Assault on a Child by a Person in a Position of Trust.

Adams County Definition of Position of Trust

A person in a position of trust in Adams and Jefferson County 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 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.”

Since the man in the news story was an elementary school teacher (a person charged with a duty or supervision of children), he would be considered to be in a position of trust. A position of trust label can dramatically change the outcome of a sex crimes case. That's why it's absolutely vital you consult a Denver Sexual Assault attorney right away if you've been charged with Sexual Assault on a Child by One in a Position of Trust. There is too much at stake.

Definition of Pattern of Sexual Abuse in Denver

Consequences of Denver or Aurora Sexual Assault on a Child by One in a Position of Trust can also be harsh if the offense is committed as part of a pattern of sexual abuse.  A pattern of sexual abuse means:

“the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.”

The news story says the sexual assaults on the 9 and 10 year old girls allegedly occurred between 2004 and 2011. This means sexual assault incidents involved the same children victims that occurred two or more times. Without the pattern of sexual abuse involved, Sexual Assault on a Child by One in a Position of Trust is a class 4 felony. However, Sexual Assault on a Child by One in a Position of Trust can become a class 3 felony if the offense is committed as part of a pattern of sexual abuse. Because of the heavy weight of a sexual offense involving a pattern of sexual abuse, you need a sex crimes lawyer to stand by your side in court. Don't fight any sexual assault charges or accusations alone.

Have You Been Charged? Hire a Denver Sexual Assault Criminal Defense Lawyer

It's not hard to be charged or accused of Sexual Assault on a Child by One in a Position of Trust in Colorado. In fact, in some sexual assault cases involving the position of trust label (where men and women are around kids), kids will exaggerate a story about you or make one up completely. Babysitters, daycare providers, or even family friends can be charged or accused of this harsh sex crime after simply trying to do their jobs and care for children well. If you or someone you love has been accused, arrested or charged with Sexual Assault on a Child by One in a Position of Trust, contact our sex crimes defense lawyers today. We will fight hard to protect your future.

If you've been charged with Sexual Assault on a Child by One in a Position of Trust in Colorado, be smart, exercise your right to remain silent, and call the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880, or submit the “Get Help Now” form for a free consultation. Together, we can protect your future.

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