A Tae Kwondo instructor was convicted of sexual assault in Arapahoe County late this summer, but he skipped town before the jury read his verdict. According to news reports, the man was convicted of 12 counts of Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3. The victims were three girls between the ages of 12 and 16 years old, and the assaults allegedly took place between 2008 and 2011.

What is Sexual Assault on a Child by One in a Position of Trust in Denver?

A person will be charged with Sexual Assault on a Child by One in Position of Trust if they:

“Knowingly” subject another person (not a spouse) under the age of eighteen to any sexual contact, and if they are in a position of trust to the victim. “Position of trust” is defined as any person who is a parent or acting in the place of a parent (a guardian, teacher, or anyone who has the responsibility of supervision).

What is the Sentence for SAOC by One in a Position of Trust?

Sexual Assault on a Child by One in a Position of Trust is either a class 3 or class 4 felony in Denver, Adams or Douglas County. Because at least one of the victims in the tae kwondo instructor's case was under the age of fifteen, and because the acts were committed as part of a pattern of sexual abuse (two or more incidents of sexual contact committed against the same victim), the tae kwondo instructor was most likely charged with class 3 felony Sexual Assault on a Child by One in a Position of Trust. This sex offense is subject to Indeterminate Sentencing. This means that there is no upper limit to the prison sentence a judge gives at sentencing. For example, if a person was convicted of Sexual Assault on a Child by One in a Position of Trust in Jefferson, Larimer or Denver County, they would face 4 years to life in the Colorado Department of Corrections. Their release would depend on the decision of the Colorado Parole Board who determines the offender's level of threat to the community. Because the instructor was convicted of 12 counts of SAOC by One in a Position of Trust, he is likely facing a very long prison sentence. The law concerning how multiple counts of an offense are sentenced is complex and is often left to the discretion of the judge.

If you have been charged with Sexual Assault on a Child by One in a Position of Trust in the Denver County or anywhere in Colorado, it is vital that you work with an experienced sex crimes defense attorney. This sex offense is very serious, and if you are convicted, you will be facing imprisonment, registration as a sex offender, and sex offender treatment overseen by the harsh Colorado Sex Offender Management Board (SOMB). Don't stand alone in court – contact an experienced attorney to work on your defense.

If you or a loved one has been questioned by Denver, Littleton or Aurora police, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880, or submit the “Get Help” now form. Together, we can protect your future.

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