A supervisor working for the Department of Human Services (DHS) was arrested following allegations that she sexually assaulted a 17-year-old boy in the group home where she was working. According to news reports, the woman is facing charges of Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3. This is a sex offense in Douglas, Arapahoe and Jefferson County, and is charged when a person in a position of trust (such as a teacher or supervisor) has sexual contact with a child (someone under the age of 18) while they are charged with caring for the well-being of the child.

What is Sexual Contact?

Sexual contact is defined as knowingly touching another person's “intimate parts” (which include the butt, breasts and pubic area), or touching the clothing covering the immediate area of another person's intimate parts if that contact is for the purpose of sexual arousal, gratification, or abuse.

What is a Position of Trust?

“Position of trust” is defined under C.R.S. 18-3-401. It includes, but isn't limited to (which means it is open for the interpretation of the judge):

• The parents of the child.
• A person acting in the place of a parent (who is charged with parental rights, duties or responsibilities concerning a child), such as a guardian or someone responsible for the general supervision of the welfare of the child.
• A person who is charged with any responsibility or duty for the health, welfare, education, or supervision of the child, such as a teacher, foster care, family care, child care, or institutional care.

It is important to understand that a person can be charged with Sexual Assault on a Child, Position of Trust even if they were in charge of the child for only a short period of time. Put simply: If they were in charge of the child and an unlawful sexual act was committed, the person will face charges in Denver, Larimer and Adams County.

Why You Need an Experienced Criminal Defense Attorney

Sexual Assault on a Child, Position of Trust is either a class 3 or a class 4 felony. This sex offense falls under Colorado's indeterminate sentencing, however. If you are convicted, you will face either sex offender intensive supervised probation (SOISP), or 2 years to life in the Department of Corrections. You will also be required to register as a sex offender and go through sex offender treatment (overseen by the Sex Offender Management Board). Don't stand alone in court – work with an experienced criminal lawyer who can fight on your behalf and work to get the best outcome in your case.

If you or a loved one has been charged with Sexual Assault on a Child, Position of Trust in El Paso, Custer, or Fremont County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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