It is not uncommon for our Denver Sexual Assault lawyers to hear about children making false allegations against authority male or female figures in their lives. Those authority figures could be stepdads, stepmoms or live-in boyfriends or girlfriends. Sometimes, these new authority figures cause a child to become resentful because a new “parent” figure is setting new boundaries. As a result, children often resort to making false Sexual Assault on a Child allegations to get the new parent figures out of their lives. To make matters worse, District Attorneys will file charges after an allegation is made by a child, even when little or no evidence is present. Career advancement, not justice, guides their decision making.
Charges for Sexually Assaulting a Child in Arapahoe and Adams County | Sexual Assault on a Child Epidemic
In most criminal cases our criminal lawyers handle in Arapahoe and Adams County, some physical evidence is required to file charges. But, in Sexual Assault on a Child cases, a child's allegation and word is enough to file charges. If a child victim less than fifteen years of age accuses someone at least four years older than them of subjecting them to any sexual contact, Sexual Assault on a Child, C.R.S. 18-3-405, charges will be filed. That's all it takes. A child makes an allegation, even if it is false, and the freedom of the accused is on the line. The accused will be arrested, charged, required to post bond, leave their home, risk losing their job, and may no longer be in contact with children. This is a nationwide epidemic, as teens learn the power they possess over authority figures. Shame on the police and prosecutors for enabling this epidemic just to avoid possible criticism and gain career promotions.
Is There a Defense to Sexual Assault on a Child in Douglas County? Sexual Assault Affirmative Defense
Age is a large factor when it comes to determining whether someone is charged with Sexual Assault on a Child in Douglas County. In some cases, an affirmative defense can be used, if the defendant believed a child was legally able to give sexual consent. The affirmative defense states that:
“If the criminality of conduct depends on a child being younger than eighteen years of age and the child was in fact at least fifteen years of age, it shall be an affirmative defense that the defendant reasonably believed the child to be eighteen years of age or older.”
We hear of many cases where men and women face criminal charges for subjecting someone to sexual contact who they believed was close to them in age. In other cases, an alleged victim lied to the defendant about their age. While the affirmative defense can apply to Sexual Assault on a Child cases, it will not always apply in Sexual Assault on a Child by One in a Position of Trust cases. When mistake of age is not a defense, we attack the allegations head on, offering evidence of how the assaults as described could not possibly have occurred.
Sexual Assault on a Child Lawyer in Jefferson County: Call Our Criminal Defense Lawyers
Sexual Assault on a Child charges should never be taken lightly in Jefferson County, even when it is obvious to normal people that a child made a false accusation. Upon a conviction of Sexual Assault on a Child, a defendant risks an indeterminate prison sentence and sex offender registration / treatment. For this reason, it's wise to consult a criminal defense lawyer from the O'Malley Law Office. Our criminal defense lawyers are full-time criminal defense lawyer who practices 100% criminal defense. We have been defending men and women for over 25 years and know how many of the District Attorneys and judges think across Colorado. Call us today for a free initial consultation.Request a Free Consultation