Image Credit: Pixabay – Olessya

In many cases, sexual assault occurs where there is no consent given. However, in some cases consent is given, but age gaps result in sexual assault charges. As I write this blog, I am thinking about a news story I read recently where a 41-year-old man had premarital sex with his now 16-year-old wife. The two were said to have had a sexual relationship prior to marriage. If this man lived in Jefferson or Adams County, he could face charges of Sexual Assault on a Child.

What is Sexual Assault on a Child in Denver?

The definition of Sexual Assault on a Child, C.R.S 18-3-405, is:

Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.”

Sexual assault on a child is normally a class 4 felony, resulting in 2-6 years in prison and up to $500,000 in fines. However, it is a class 3 felony if:

• The actor applies force against the victim in order to accomplish or facilitate sexual contact; or
• The actor, in order to facilitate or accomplish sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or
• The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or
• The actor commits the offense as part of a pattern of sexual abuse.

[pullquote align=”center” textalign=”center” width=”100%”]A child sexual assault case is serious– having a dependable defense attorney at your side is crucial for your freedom.[/pullquote]

If the man had sexual contact with the girl prior to marriage, it is possible that she was younger than fifteen years of age when they were having sex. This would also fit the criteria that she was not his spouse at the time of initial sexual contact, which is essentially a defense. The man is 41 years of age, so he would also qualify as being at least four years older than the teen. It is often common for a situation like this one to get out-of-hand, especially with younger children. Sometimes, children want revenge or attention, so they easily make up a story about you that could lead to a class 3 felony charge of sexual assault. Accusations can happen even if a child has given consent to sex, since consent is no defense with kids. A class 3 felony can result in a lifetime sentence to the Colorado Department of Corrections. Don't let any false accusations jeopardize your reputation—contact the best sex crime defense attorneys to stand by you in your case.

Charged with Sexual Assault on a Child in Colorado? Contact the Best Criminal Defense Lawyers

Sexual Assault on a Child is a sex offense in Arapahoe County, Douglas County and everywhere else in Colorado. It is subject to indeterminate sentencing, and someone convicted would have to register as a sex offender and obey the rules of the Sex Offender Management Board. The charge of Sexual Assault on a Child can even be applied if a teenage boy is having sex with a girlfriend under the age of fifteen years old, provided he is four years older than her. However, most young kids do not think about this crime, but it is possible for them to face charges. In a situation of Sexual Assault on a Child, your future is at stake. Contact the best Denver criminal defense attorneys today to ensure a successful outcome of your case.

Request a Free Consultation

If you or a loved one has been charged with Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.