It has happened again. It seems like every few months a female schoolteacher is accused of having sex with a student. We've written about it again and again. Each time it happens in Colorado, the teacher is charged with Sexual Assault on a Child by a Person in a Position of Trust. This is a serious crime in Denver, Adams, and Douglas County with long-lasting consequences. The involvement of an outstanding criminal defense attorney can mean the difference between probation and a life-sentence. Let's take a look at this recent case and the crime in order to understand how you should defend yourself if you've been accused.

Young Teacher Has Sexual Trysts with Students

According to the reports, the 35-year-old English teacher in a Utah school was on trial for reportedly having sex with a 16-year-old male student. During the course of the trial, another student, a 17-year-old male, came forward with allegations that he, too had slept with the teacher. It's interesting to note how the entire situation came to light in the first place. Apparently, the young man began boasting to his friends that he had “slept with his teacher.” The teacher's criminal defense attorney fought the charges against her, saying the boy “pushed for sex.” Under Colorado law, it doesn't matter if the underage teenager is a willing participant in a sexual encounter – if they are under the age of 16 and have sexual contact with an adult, they will be the “victim,” and their partner will be the defendant.

[pullquote align=”center” textalign=”center” width=”85%”]The young men were boasting about their relationship with the teacher. Why are these “victims” treated the same as a young child victim?[/pullquote]

Consequences Don't Fit the Crime

Sexual Assault by a Person in a Position of Trust – C.R.S. 18-3-405.3, is a sex offense in Arapahoe, El Paso, and Boulder County. There are varying degrees of severity to this offense, depending on the situation. But, regardless of whether you are charged with a class 3 or class 4 felony, a person convicted of this offense will be sentenced to the Colorado Department of Corrections for an indeterminate period of time. This means there is a minimum time to serve with their prison sentence, but no upper limit. For example, their sentence could be for 2 years to life. In situations where a female schoolteacher has a sexual relationship with a male student who is almost an adult (like this most recent case in Utah), we don't' feel the punishment fits the crime. We agree it isn't moral for a teacher to have a sexual relationship with a student – but to put them into the same category and treat them as if they had forced a 6-year-old to have sex is ridiculous. In many situations where an attractive, young female schoolteacher has a relationship with a student, the young men are boasting about the relationship to his friends. This is a common occurrence. So, why are these “victims” treated the same as a young child who was raped? This isn't justice.

You Need a Lawyer for Position of Trust Charges

When Sexual Assault is committed by a person who is responsible for the well-being of the child (such as a teacher, parent, babysitter, etc.), “Position of Trust” is added to the charges. This makes the charge much more serious. An exceptional criminal defense attorney with years of experience understands the severity of this charge, and knows the best way to defend your future if you've been charged. Don't stand alone in court – work with an advocate whose passion is to protect your future.

Request a Free Consultation

If you or a loved one has been charged with Sexual Assault on a Child by a Person in a Position of Trust like the young, female schoolteacher, 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. Together, we can protect your future.

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