Normally, Sexual Assault on a Child is only charged when the child is less than 15 years old and the accused is 4 or more years older. This, however, is not the case when the accused is considered to be in a position of trust over the victim. When that is the case, the child is anyone under the age of 18. A 22-year-old teacher has been accused of this crime after an allegation came out that teacher was having a sexual relationship with her 17-year-old student. Without the teaching position of trust, the relationship would not have been illegal. A five-year age difference does not bring up consent issues when the youngest person in the relationship is 17, but when position of trust is concerned, it doesn't matter if the accused was even just one year older.
Douglas and Arapahoe County Sexual Assault on a Child by One in a Position of Trust Definition
The Arapahoe and Douglas County, Colorado law 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.
It's also important to note that the it doesn't matter the type of sexual contact that occurs. Often, people assume that Sexual Assault on a Child would mean there was some sort of penetration, but this can be charged for over the clothes contact with intimate parts as well.
Sentence for Sexual Assault on a Child by One in a Position of Trust in Adams and Jefferson County
Sexual Assault on a Child by One in a Position of Trust is a class 4 felony in Jefferson and Adams County. However, if there is a pattern of sexual abuse (more than 1 separate occurrence) or is the victim is less than 15 years old, then it is a class 3 felony.
If you or a loved one has been charged with Sexual Assault on a Child by One in a Position of Trust, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 for a free consultation. Together, we can protect your future.
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