What started as a night of back to school partying which is common across all of Denver, Jefferson, and Adams County, ended in serious juvenile sex crime charges. The crime was the equivalent to Colorado felony Sexual Assault (CRS 18-3-402), Unlawful Sexual Contact (CRS 18-3-404), or Sexual Exploitation of a Child (CRS 18-6-403) for two Ohio high school football players.

The rape was documented over social media and other forms of technology by the football players and other party attendees. Knowledge of the rape spread quickly among coaches, football players, and students. News of the rape also spread virally to all parts of the nation including news outlets in Arapahoe, Douglas, Larimer, and Weld County.

The victim had no recollection of the events of a hard night of partying until she woke the next morning confused, naked, and lost. Previously, the victim had a reputation for lying and fabricating stories to friends. When she told her family about the accusations, many people believed she was being dramatic. This time, her family was able to piece together the events of the crazy night by looking to Facebook posts, Tweets, and text messages that circulated around the school. They collected the evidence and brought it to the police who arrested two football players that played for State Champion high school football team.

The horror of this crime continues as the boys were convicted of the sex crime charges at a trial by jury. The boys were not tried as adults even though they were sixteen and seventeen and received a much more lenient sentence then the felony sex crimes they had committed.

To be sure, text messages, Facebook posts, and Tweets are not considered “hard evidence.” But in a case where the victim was blacked out and not able to remember events, these social media tools were the only evidence the prosecution had. It proved to be enough. Even though many of these posts were invalidated or exaggerated, the prosecution built a case around them and these boys are now dealing with the consequences.

Social media is fast becoming a legitimate tool in the prosecution of crimes, regardless of how constitutional their use in court is. If police approach your child because of accusations made across social media, be smart, exercise your child's right to remain silent, and contact the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your child's future.