Colorado Sex Crime Attorney Blog

Middle School Teacher Charged with Sex Assault – Position of Trust

Posted by Kyle B. Sawyer | Dec 11, 2015 | 0 Comments

It seems I am always reading about news stories of teachers who are arrested or charged with a sex crime involving a student. In one recent news story I read, in fact, a 23-year-old middle school teacher was accused of an inappropriate relationship with a 14-year-old girl. Apparently, the middle school teacher was in contact with the girl over text, and later met up with her outside of school, where sexual contact allegedly occurred. The middle school teacher's texts to the girl were described as indecent, lewd and sexual in nature. Though their sexual relationship was described as willing, in Colorado the middle school teacher could still be charged.

Middle School Teacher Charged: Adams County Sexual Assault on a Child by One in a Position of Trust

In Adams and Douglas County, Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3, is charged whenever an actor:

“knowingly subjects another not his or her spouse to any sexual contact if 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.”

Since the 23-year-old was a middle school teacher (in a position of trust) who subjected a 14-year-old to sexual contact, he could be charged with Sexual Assault on a Child by One in a Position of Trust. Sexual contact is a broad term which includes touching a victim's intimate parts by the actor, or the actor's intimate parts by the victim, whether clothed or unclothed. The touching would have to be for sexual arousal, abuse or sexual gratification.  According to this definition, touching a girl's clothed buttocks versus touching a girl's exposed breast or pubic area (if for sexual arousal or abuse or pleasure) would be charged the same way.

Sexual Assault Charges: Labeled in a Position of Trust When Watching Child for Short Time

Men and women in Denver and Arapahoe County, Colorado can be charged with Sexual Assault on a Child by One in a Position of Trust even when they've only been watching a child for a short time. The main thing is that if a person had a responsibility over a child and he / she subjected the child to sexual contact, he / she could be charged with Sexual Assault on a Child by One in a Position of Trust.

Why You Need the Denver Best Sex Assault Criminal Defense Lawyers

Sexual Assault on a Child by One in a Position of Trust can be charged as a class 3 or class 4 felony in Denver and Arapahoe County, Colorado. It is also subject to indeterminate sentencing, which means a judge won't put an upper limit on your Colorado Department of Corrections sentence. Those convicted will also be required to register as sex offenders and obey the harsh sex offender treatment under the SOMB. Because your future could change dramatically upon a conviction of Sexual Assault on a Child by One in a Position of Trust, you need a strong advocate who can fight by your side in court. You need an experienced Sexual Assault on a Child by One in a Position of Trust defense lawyer. Contact our office today to schedule a free initial consultation.

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If you've been accused, arrested or charged with Sexual Assault on a Child by One in a Position of Trust, be smart, exercise your right to remain silent, and contact the best Sexual Assault on a Child by a Person in a Position of Trust criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

Image Courtesy of Arvind Balaraman / FreeDigitalPhotos.net

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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