Colorado Sex Crime Attorney Blog

Guilty Before Proven Innocent – Mall Santa Charged with Sex Offense

Posted by Kyle B. Sawyer | Dec 09, 2013 | 0 Comments

A mall Santa was charged with a sex offense and is being found guilty. Read more in our blog.
A mall Santa in Massachusetts has been charged after he allegedly groped an 18-year-old woman who was dressed as an elf. His name has been printed in the news, and he is being treated as if he is guilty – even though his case hasn't been tried. If this incident had occurred in Denver, Adams or Douglas County, the Santa would have been charged with Unlawful Sexual Contact – C.R.S. 18-3-404. This crime is very serious in Colorado because it is a sex offense. Any person convicted of a sex offense in Arapahoe, Larimer or Jefferson County is required to register as a sex offender and go through sex offender treatment overseen by the harsh Sex Offender Management Board (SOMB). If you or a loved one has been charged with Unlawful Sexual Contact, it is important to work with an experienced criminal defense attorney in order to protect your future.

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

If you or a loved one has been charged with a sex offense such as Unlawful Sexual Contact in Littleton, Aurora or Centennial, 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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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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