There is a growing trend in society today: Women in their 40's having sexual relationships with young teenage boys. I just read another article – a 42-year-old mother of three was caught having sex with a young man. There are hundreds of stories like this in the news every day. The consequences for an adult having a sexual relationship with an underage person (even if the relationship is mutual) are huge in Denver, Jefferson, and Adams County. Depending on the situation, the adult in the relationship can face Sexual Assault or Sexual Assault by a Person in a Position of Trust charges. Let's take a look at this recent example, and learn more about the consequences.
Mother of 3 Has Relationship with High School Student
According to the news, the woman first met the 17-year-old boy at a football game. She was volunteering at the game while her daughter performed as a cheerleader. Apparently, the relationship blossomed; the woman was arrested after she was caught having sex with the student in a parked car. During the ensuing investigation, police also discovered the woman had sent nude photos of herself to the young man.
Can a 17-Year-Old Have Sex with an Adult?
While it may seem illegal for an adult to have a sexual relationship with a 17-year-old, technically, it isn't. In Colorado, the statutes for Sexual Assault include relationships with teens under the age of 15, and a separate distinction for teens between the ages of 15 and 17. But, the law doesn't include teens who are 17. Therefore, technically speaking, a seventeen year old can consent to sex with an adult. The law can be twisted by police to fit situations, however. District Attorneys throughout Colorado, in Arapahoe, El Paso, and Douglas County, work hard to find ways to charge people with crimes. One of these crimes is Sexual Assault on a Child by a Person in a Position of Trust.
Position of Trust Raises Age to 18
Sexual Assault by a Person in a Position of Trust is slightly different than just Sexual Assault. When a person who is in a “position of trust” has a sexual relationship with a minor, the age is raised to 18. And, the sentence for this offense is indeterminate – which means a person convicted under the position of trust label would be sentenced to an indeterminate amount of time in the Colorado Department of Corrections.
Definition of Position of Trust is Vague
The definition of position of trust is vague, and can be fitted to many different situations. Usually, it is applied to teachers, coaches, parents, and other people in position of authority towards children. But, it is applied to many more people as well. For example, if the mother of 3 had once given a ride to the 17-year-old, the position of trust label could be applied. Or, it could be added since she met the boy while volunteering for the school. Then, the relationship goes from legal, to one of the most serious sex offenses in Colorado.
Why You Need a Lawyer for Sex Crime Charges
If you are being investigated for having a relationship with a teen, contact an attorney immediately so you know what you are facing.
If you are being investigated for having a relationship with a 15, 16 or 17-year-old, contact an experienced criminal defense lawyer at our office for a free consultation immediately. The police are looking for evidence against you, and it's important to understand where you stand when it comes to the law. Our sex crimes defense attorneys have 40 years of combined experienced fighting on behalf of people who have been overcharged with crimes. Here at the O'Malley Law Office, we fight to win.Request a Free Consultation