Two women accused a male nurse of touching them inappropriately while they were his patients. One incident occurred in Fort Collins, Colorado, while the other incident occurred outside of Colorado. In the first incident, a woman alleged the male nurse kissed her bare breasts and neck when she was “out of it,” but later regained consciousness during treatment for abdominal pain. In the second incident, the female victim alleged the nurse inappropriately touched her while being treated for an eating disorder. In Fort Collins and Jefferson County, the male nurse would be charged with Unlawful Sexual Contact. If you've been accused or charged with Unlawful Sexual Contact, consult a Denver Unlawful Sexual Contact lawyer immediately.
Unlawful Sexual Contact Denver Attorney: What is Unlawful Sexual Contact?
Unlawful Sexual Contact, C.R.S. 18-3-404, is charged in Denver and Douglas County when an actor subjects a victim to sexual contact, knowing:
- The victim doesn't consent;
- The victim is incapable of appraising the nature of the victim's conduct;
- The victim is physically helpless and the actor knows the victim is physically helpless and hasn't consented;
- The actor has impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant or other means for the purpose of causing submission;
- The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit.
Most importantly for this blog, is the last piece of the Unlawful Sexual Contact statute, which states an actor subjecting a victim to sexual contact will be charged with Unlawful Sexual Contact if the actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.
Aurora Unlawful Sexual Contact Lawyer: A Nurse Subjecting Clients to Sexual Contact Will Be Charged
Unlawful Sexual Contact becomes a felony if those treating others in a medical setting subject clients to unlawful sexual contact.
Since the male nurse in the news story is accused of subjecting female clients to sexual contact (when they didn't consent and when one victim was physically helpless), he could be charged with Unlawful Sexual Contact. The male nurse could also be charged with Unlawful Sexual Contact in Aurora and Arapahoe County for engaging in treatment or examination of the two clients for purposes other than bona fide medical purposes or in a manner inconsistent with medical practices. Normally, Unlawful Sexual Contact is a class 1 misdemeanor extraordinary risk crime. However, because the man was a nurse and subjected his clients to unlawful sexual contact, he would be charged with a class 4 felony. This conviction would result in extensive SOMB treatment, registration and the possibility of prison. If you've been accused or charged with Unlawful Sexual Contact in Arapahoe, Adams County, or anywhere else in Colorado, contact an Unlawful Sexual Contact lawyer at our office today. A skilled Unlawful Sexual Contact lawyer will help protect your future.Request a Free Consultation