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In Denver and Douglas County, we hear about many cases where a teacher is accused of a sexual relationship with one of their students. If someone is in a position of trust, such as a teacher, and they have a sexual relationship with a child student, they can face charges of Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3. According to one recent news story, a former high school teacher is accused of having an inappropriate relationship with a student. Apparently, the student's mother became suspicious of the 37-year-old former high school teacher after learning he had been texting her child. Then, she later learned that the child was spending time with the teacher outside of school. When the alleged victim was interviewed by police, they learned that the child's first sexual contact with the teacher was when she was still underage. The relationship also apparently lasted beyond the alleged victim's 18th birthday. The teacher is accused of unlawful sexual touching and unlawful sexual contact with the child. In Denver and Douglas County, the former high school teacher would likely face charges of Sexual Assault on a Child by One in a Position of Trust.
What is Sexual Assault on a Child by One in a Position of Trust in Arapahoe County?
In Arapahoe County, the definition of Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3, is:
“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.”
The former high school teacher could face Sexual Assault on a Child by One in a Position of Trust charges as he is accused of subjecting a child under the age of eighteen to sexual contact. The teacher also qualifies as one who is in a “position of trust”. Individuals who qualify as being in a “position of trust” often include coaches, teachers, pastors, stepparents or babysitters. The “position of trust” label in a sexual assault case involving a child can lead to dramatic consequences. For example, it can mean mandatory prison upon a conviction if the child is under fifteen years of age. If the child is between fifteen and eighteen years of age, it can mean indeterminate prison or probation sentencing. Indeterminate prison or probation sentencing means the judge will not put a maximum limit on your sentence. These consequences are crippling and you need a skilled criminal lawyer to fight for you.
Sexual Assault on a Child – Position of Trust in Jefferson County: Pattern of Sexual Abuse
Sexual Assault on a Child by One in a Position of Trust in Jefferson County is normally a 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. If there is a pattern of sexual abuse and the victim is less than fifteen years of age, Sexual Assault on a Child – Position of Trust becomes a class 3 felony. A pattern of sexual abuse occurs when sexual contact happens with a child more than one time. It's possible the former teacher from the news story could be facing one count for each time sexual contact happened and the additional pattern charge. The teacher could face class 3 felony (F3) Sexual Assault on a Child – Position of Trust, depending on the age of the alleged victim during the repeated sexual encounters.
Adams County Sexual Assault on a Child – Position of Trust Lawyer: Remain Silent if Confronted by Police or a Victim
You should always remain silent if confronted by police about Sexual Assault on a Child by One in a Position of Trust allegations in Adams County. Additionally, don't speak with an alleged victim who tries to contact you after the allegations. In some cases, police use pretext calls where they have an alleged victim call you. During these calls, police will be listening in and will record everything you say at the police department. The alleged victim might ask you questions to try to get you to say something that police can record and use as evidence in court. Never speak with police or give an alleged victim any statements if facing accusations of Sexual Assault on a Child – Position of Trust. Instead, call the best criminal defense lawyers at the O'Malley Law Office to defend you today.
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