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If you are in a position of trust and have sexual contact with someone under the age of 18, you will likely be charged with Sexual Assault on a Child by One in a Position of Trust in Denver, Arapahoe, and Douglas County. It's no secret that the media loves to report on these types of cases, but what about when there is no actual information to report? I guess it doesn't stop them, because they recently reported on a teacher who was put on administrative leave while allegations are investigated. The allegations are that he had a relationship with a student who graduated last year – only there is a possibility that she was 18 and that is was not her teacher when the relationship occurred. Meaning, there is no crime. Instead of waiting for the investigation to conclude and the DA to decide if filing charges is appropriate, the teacher's name and picture are plastered on news sites, ruining his reputation. A solid example of the presumption of guilt that is automatically applied to anyone who gets accused of a sexual crime.

Adams and Jefferson County Sexual Assault on a Child by One in a Position of Trust Definition – Teacher on Leave

The Adams and Jefferson County, Colorado law definition of Sexual Assault on a Child – C.R.S. 18-3-405.3 – is:

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust 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.

A teacher is considered a position of trust. Position of trust also includes parents, counselors, family members, and daycare workers. Sexual Assault on a Child is punished more severely when position of trust applies.

Sexual Assault on a Child Pattern of Abuse in Arapahoe and Douglas County

If the sexual contact occurred more than once, it would be deemed a pattern of abuse and would then be charged as a class 3 felony in Arapahoe and Douglas County.

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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 the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.