Colorado Sex Crime Attorney Blog

Incest Attorney Near Me in Denver Dad Gives an Interesting Defense for Fathering His Daughter’s Child

Posted by Kyle B. Sawyer | May 17, 2018 | 0 Comments

Having sexual contact with a family member is often charged as Incest or Aggravated Incest in Denver, Aurora, and Castle Rock, depending on the familial relationship of the two parties and their ages. A dad was recently accused of fathering his 20-year-old daughter's child and he had an interesting claim for his defense. According to the report, the father claimed that he gave his daughter a cup with his semen but that he did not know what she did with it after that. While his purpose was to defend against allegations of sexual contact, I'm just not sure that defense will hold up during a jury trial. A DNA test revealed that he indeed is the father of the daughter's child. If this had occurred in Colorado, the dad would likely be facing charges for Aggravated Incest.

Douglas County Aggravated Incest Lawyer: Definition of Aggravated Incest in Arapahoe County

The Douglas and Arapahoe County, Colorado law definition of Aggravated Incest – C.R.S. 18-6-302 – is:

(1) A person commits aggravated incest when he or she knowingly:

(a) Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, as defined in section 18-3-401, his or her natural child, stepchild, or child by adoption, but this paragraph (a) shall not apply when the person is legally married to the stepchild or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.

(b)  Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, a descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood who is under ten years of age.

Based on the definition, the man would be charged under subsection (a). It's important to note that when it comes to Incest and Aggravated Incest, a child is a person under the age of 21, whereas in most other criminal statutes, a child is a person under the age of 18. So, even though his daughter was legally an adult, she is considered a child under this statute, which harshens the penalty.

If you or someone you love has been charged with, arrested for, or accused of Aggravated Incest or Incest, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 today. 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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