According to the news, a 73-year-old man was accused of sexually assaulting two young girls at a community center. The assaults allegedly occurred on separate occasions. The girls involved were ages 9 and 6 at the time of the alleged assaults, and they were part of a before-school program where the man worked as a part-time employee. The claims against the man are that he engaged in a pattern of sexual assault involving genital contact and that he touched one of the girl's breasts. In Denver, Arapahoe County and every other area of Colorado, the man could be charged with Sexual Assault on a Child by One in a Position of Trust. This crime is subject to indeterminate sentencing, where the man could end up in prison for the rest of his life.
Sexual Assault on a Child by One in a Position of Trust in Jackson County, Colorado
Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3, is charged in Denver, Jackson County and every other county of Colorado whenever an actor knowingly subjects another person (not their spouse) to any sexual contact when the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim. If the man in the news story did subject the two girls to sexual contact (touching their genitals), it would be considered sexual assault. The position of trust label could be applied to the 73-year-old if he was responsible for the children's well-being at the before-school program. The position of trust label is applied whenever a person is a parent or acting in the place of a parent, including a guardian, or a person who is charged with the duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care or institutional care. As an employee of a child care or school program, it is likely a person is acting in a position of trust to children there.
Sexual Assault and Pattern of Sexual Abuse in Douglas County, Colorado – What is a Pattern?
In Douglas County, Adams County and everywhere else in Colorado, Sexual Assault on a Child by One in a Position of Trust is either a class 3 felony or class 4 felony. As it applies to this news story, the 73-year-old could be charged with class 3 felony Sexual Assault on a Child by One in a Position of Trust since the girls were under fifteen years of age and because he allegedly subjected them to sexual contact more than once. This would be a pattern of sexual abuse. A pattern of sexual abuse is defined as “the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.”
Why Contact a Top Denver Criminal Defense Attorney if You've Been Charged?
The consequences of a Sexual Assault on a Child by One in a Position of Trust conviction in Denver, Aurora, Highlands Ranch and every other part of Colorado can be devastating, including sex offender registration and treatment, the loss of your job and a marred reputation, and a lengthy prison sentence. In many cases, children and teens make up sexual assault allegations about men and women, which could dramatically impact your future. If facing any charges or accusations of Sexual Assault on a Child by One in a Position of Trust, act quickly and contact an experienced criminal defense lawyer at the O'Malley Law Office to fight by your side.Request a Free Consultation