Sometimes the oddest stories show up on the news. But, sadly, they aren't all that unusual in our culture today. I came across an article telling the story of a 47-year-old mother of three. She was a former professional cheerleader, and she was just arrested and charged with multiple crimes for having a sexual relationship with a 15-year-old teen. If this relationship had occurred in Denver, El Paso, or Douglas County, she would be charged with misdemeanor Sexual Assault – C.R.S. 18-3-202. Let's take a look at this crime in Colorado.
What is Misdemeanor Sexual Assault?
Sexual Assault is a sex offense in Jefferson, Adams, and Arapahoe County. It is charged when a person has sexual contact with another person against their will, in a variety of situations. We'll look at the one specific to this case, however.
Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if: (e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim.
Former Cheerleader's Relationship with Teen
According to the news, the former cheerleader first met the fifteen year-old when she saw his photos on Instagram. He was a classmate of her son. She began picking the young man up after summer school, and soon the relationship grew sexual in nature. The former cheerleader has pleaded not guilty and still maintains she is innocent. While we don't know whether or not she is innocent, here at the O'Malley Law Office, we have successfully defended many people who were falsely accused of sexual crimes against children and teenagers. Often, troubled teens or attention-needy children make false allegations. Regardless or whether or not she had a sexual relationship with the teen, it is important to note he will not be held for responsible for his part of the relationship. Even when a relationship is mutual, the young adults are treated only as victims in our criminal justice system.
Why You Need a Lawyer for Sexual Assault Charges
The line between misdemeanor Sexual Assault and indeterminate Sexual Assault on a Child by a Person in a Position of Trust is very thin. If you've been charged with a sex offense after a mutual relationship, contact an attorney immediately.
If you have been charged with Sexual Assault, you need to contact an experienced criminal defense attorney immediately. In the specific situation involving a teen from 15 to 17 years old, the adult will be charged with a class 1 misdemeanor as opposed to a felony. In situations like this, lawmakers understand the relationship was mutual, and don't view it as seriously as other types of Sexual Assault. There is a fine line regarding the level of severity, however. If the district attorney believes the defendant was in a position of trust to the teen, they will be charged with Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3. This crime is much more serious, carrying an indeterminate prison sentence upon conviction. The fine lines in the law make it important to have an advocate fighting on your behalf in the courtroom. Regardless of your conviction, both these crimes are sex offenses, requiring sex offender treatment and sex offender registration. Don't put your future in the hands of an inexperienced public defender or a lawyer who is spread too thin by practicing many different types of law. Work with a full-time criminal defense lawyer who will fight passionately for your rights and freedom.Request a Free Consultation