Denver Sexual Assault on a Child by One in a Position of Trust Lawyer
Denver Sexual Assault on a Child by One in a Position of Trust Lawyer: What is Sexual Assault on a Child – Position of Trust?
Sexual Assault on a Child by a Person in a Position of Trust in Denver is committed when someone in a position of trust has any sexual contact with a child who is less than eighteen years of age.This crime is a harsher version of the sex crime Sexual Assault on a Child (CRS 18-3-405), because of the “position of trust” addition. Colorado law makers feel that a person who is in a position of trust profession is held to a higher standard because the profession assumes a certain amount of responsibility in cities like Denver, Englewood, Centennial, and others along the Front Range. Our Colorado criminal lawyers specialize in sex crimes in Denver, Jefferson County, Adams County, Douglas County, Arapahoe County, and throughout Colorado.
Below is the statute on Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3:
“(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.”
Denver Sexual Assault on a Child by One in a Position of Trust Lawyer: What Does “Position of Trust” Mean?
CRS 18-3-401 defines a “Position of Trust” in Denver, Arapahoe County and across Colorado as a parent or someone acting in place of a parent or guardian and who deals with the responsibilities of safety, health, and well being or providing an education to a child in cities such as Aurora, Arvada, and Littleton. Teachers, Coaches, Mentors, Police Officers, Pastors, and other authority figures, especially those that work with children, all qualify as a position of trust.
What is the Sentence for Sexual Assault on a Child by One in a Position of Trust in Douglas County?
The sentences for sex offenses are harsh in Douglas County and across Colorado. If you have been accused of a sex crime in Colorado, such as Sexual Assault on a Child by a Person in a Position of Trust, immediate action is recommended. It is very important that you have a knowledgeable advocate to make a case for you in court. Sexual Assault on a Child by a Person in a Position of Trust is a:
Class 3 Felony if:
- The victim is less than fifteen years of age;
- The offense is committed as a “part of a pattern of sexual abuse” (i.e. if there was more than one sexual encounter)
Class 4 Felony if:
- The victim is fifteen years of age or older, but less than eighteen years of age and the offense is not committed as part of a pattern of sexual abuse.
Sexual Assault on a Child by One in a Position of Trust Arapahoe County Lawyer: Indeterminate Sentencing
Whether you are charged with Class 3 or Class 4 felony Sexual Assault on a Child by One in a Position of Trust in Arapahoe County, you will face indeterminate sentencing if convicted. Indeterminate sentencing is when a court imposes a minimum length of time you will spend in the Colorado Department of Corrections, but no upper limit, such as 2 years to life.
Why You Need an Experienced Sexual Assault Lawyer in Denver
The Colorado statute goes on to say that anyone employed in a position of trust, no matter how long the time of employment, who has sexual contact with a child will meet the requirements for this more serious charge. This clause can be hard to understand because of certain provisions; it is best to have everything explained by an experienced criminal defense attorney to determine all possible position of trust professions.
Sexual Assault on a Child by a Person in a Position of Trust in Denver (CRS 18-3-405.3) is a sex offense and requires the person convicted to register as a sex offender and obey harsh sex offender treatment rules of the Sex Offender Management Board (SOMB). Also, if convicted, you could face an indeterminate sentence. The sexual assault lawyers at our office have dealt with sex offense cases many times. Often, we can create a plea deal where you plea to a lesser offense to avoid an indeterminate sentence. Contact a Denver Sexual Assault on a Child by One in a Position of Trust lawyer at Sawyer Legal Group today for more information about your options.