Unlawful Sexual Contact – Doesn't Require Much “Sex” for Mall Santa
It doesn't take much to be charged with Unlawful Sexual Contact. The mall elf reports that the Santa allegedly made suggestive comments and pinched her butt. According to Colorado statute, this counts as Unlawful Sexual Contact. This is charged when a person touches the intimate parts of a victim (even over their clothing) without their consent. “Intimate parts” is defined as external genitalia, including the butt and the breasts.
Simply a Charge for a Sex Offense is Damaging
The 62-year-old man (who has a real bushy beard) denied to both the police and mall management that anything happened. He has never been arrested or convicted of a crime. After being charged, he has been barred from playing Santa anywhere until his case is decided. There are other implications to consider, such as his reputation. This man's name has been published in the news. The headline of the article cries: “Mall Santa Charged with Groping Elf!” He proclaims his innocence, and his case has not even been tried, yet his name and reputation have been ruined. This is absolutely unfair. Our justice system is supposed to be based on the premise that a person is innocent until proven guilty. The general public always sides with the “victim” in the news. What they don't realize, is that the young woman who played the elf could very well be making the whole thing up for money, attention, or revenge. After all, there isn't any evidence in this case. It is her word against his. A man has lost his job and reputation: he would be wise to consult with an experienced criminal lawyer to protect his future.Request a Free Consultation
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