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Sexual Assault can be charged in Denver, Douglas, and Arapahoe County for many different reasons, including a person in a position of authority having sexual contact with an inmate or arrestee. That's the situation a probation counselor has found herself in. She is charged with Sexual Assault for having contact with an 18-year-old inmate, who was being confined at a boys ranch – which is like a juvenile detention center. She was also charged with Sexual Assault on a Child by One in a Position of Trust, for having sexual contact with a 17-year-old inmate as well. Because the 18-year-old is technically an adult, even though he was being held by the Department of Youth Corrections, Sexual Assault on a Child would not be an appropriate charge, but the subsection of the Sexual Assault statute that discusses sexual contact between someone in a position of authority and a person in custody.
Jefferson County Sexual Assault Lawyer: Definition of Sexual Assault and Position of Authority in Adams County
The Adams and Jefferson County, Colorado law definition of Sexual Assault as it relates to persons in custody – C.R.S. 18-3-402(1)(f) – is:
Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search;
Because the woman was a probation counselor, she had a position of authority over the 18-year-old inmate. Basically, any employee of a Department of Corrections or Department of Youth Corrections is considered to hold a position of authority over those detained in the facility.
Sentence for Sexual Assault on an Inmate in Arapahoe County
As a class 4 felony in Douglas and Arapahoe County, Sexual Assault is punishable by 4 years to life in the Colorado Department of Corrections. Sexual Assault is a sex offense subject to indeterminate sentencing, meaning the judge will sentence a minimum amount of time but the maximum can extend to the natural life of the person incarcerated. It becomes the responsibility of the parole board to decide when a person should be released from prison.