Sex assault by a position of trust is a crime that involves trusted adults having any form of sexual contact with certain juveniles. When sexual behavior occurs between a minor under 18 and a person responsible for their supervision, the adult faces crushing criminal consequences. A 26-year-old man was arrested in Colorado for alleged behavior with underage girls he'd met through a local church and school. He faced charges of sexual assault on a child by one in a position of trust and internet sexual exploitation of a child. Anyone facing allegations of this nature should consult an experienced sex crimes lawyer as soon as possible.
Denver Sex Assault by a Position of Trust Law
Denver's sex assault by a position of trust law prohibits sexual contact between juveniles and specific adults in their lives, regardless of difference in age and consent. CRS 18-3-405.3 provides the specific definitions of this sex offense throughout Colorado. You commit this crime in Denver, Cherry Creek, or Montbello if you:
- knowingly engage in sexual contact with a minor under 18,
- AND are responsible for that minor's health, welfare, education, or supervision
The role position of trust applies to more than pastors, coaches, and teachers. Counselors, babysitters, family friends, and school / church volunteers and employees can also fit under the law's “trusted person” designation. Sexual contact itself has an especially broad meaning. It can even apply to touching the clothing covering someone's breast(s), butt, or genitals.
What are the Penalties for Sex Assault by a Position of Trust in Colorado?
Sex assault by a position of trust is at minimum a class 4 felony in CO. A conviction in Denver can lead to:
- up to 6 years in DOC,
- fines of $2K – $500K,
- sex offender intensive supervised probation (SOISP),
- evaluation / treatment,
- sex offender registration
The offense increases to a class 3 felony if the underage person is 14 or younger or there is a pattern of abuse (occurred more than once). These factors can double the prison sentence, as well as substantially increase the fines. The combination of SOISP, registration, and treatment is often so costly and restrictive that some defendants end up back behind bars unable to satisfy the terms and conditions.
Denver's Best Attorneys for Sex Offenses
Few crimes carry the headline magnitude of sex assault by a position of trust. The immediate, often inaccurate assumptions of being a pedophile, predator, or child molester can be overwhelming. This offense is vastly misunderstood by society and sometimes punished to an unfair extreme. Our skilled defense attorneys know this and aim to protect each client's future. Whether going to trial or strategically mitigating a reasonable plea deal is best for your unique case, our criminal lawyers are prepared for the fight. Perhaps the contact between you and the minor was an accident, didn't involve intimate parts, or the allegation is false. Nonetheless, exercise your right to remain silent and contact our office today for a free consultation.
Don't talk to law enforcement as a position of trust - talk to us. 303-830-0880
Photo by Ben White