Colorado Sex Crime Attorney Blog

Juvenile Sexual Assault and the Right to Education

Posted by Kyle B. Sawyer | Oct 23, 2012 | 0 Comments

A young teen is facing felony sexual assault charges after an alleged Juvenile Sexual Assault on a Child (CRS 18-3-405) incident during a school ski trip. Normally, in cases of juvenile sexual assault in Denver, Adams, and Arapahoe County, the person arrested and investigated is forbidden from having any contact with minors or children, even if the suspect happens to be a minor or child themselves! Educators are put into this position when students are charged with Sexual Exploitation of a Child (CRS 18-6-403) because of sexting, or other types of Unlawful Sexual Contact (CRS 18-3-404). Charges like these often result in the suspension or expulsion of the accused student from school in Douglas, Larimer, or Weld County. The school board of Pitkin County, where the charges in this case are being filed, faced the tough decision whether to discontinue this boy's education on allegations of juvenile sexual assault on a child alone.

The school superintendent decided that the boy has a right to an education regardless of the charges he faces. This superintendent thankfully understands that charges are just that: charges. They have to be proven first, and until then it is unfair to deprive the boy of an education and avoid the school district's responsibility to provide a child's education. Provisions have been put in place to make sure that the rest of the student population is kept safe while the facts are sorted out. The boy does have to be monitored and may have a stricter schedule than the rest of his peers, but he is still able to attend school and receive his education while he waits for upcoming court dates.

It is good to see that this school's administration is giving priority to this boy's education in the midst of sexual assault charges that have yet to be proven. Too often, governmental agencies ignore a child's education needs in an effort to make sure everyone is “safe.” They are unwilling to take even minimal steps to consider the child's needs out of fear for their careers. They ignore the big picture which considers everyone's interested, including those of the accused. Even kids who have committed crimes need an education.

If your child has been accused of or is facing charges of Juvenile Sexual Assault on a Child, be smart, exercise your child's right to remain silent, and contact the experienced criminal defense lawyers at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

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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