According to the news, a 69-year-old pastor is accused of having a sexual relationship with a 16-year-old member of his church, who also belongs to the church choir. The pastor is accused of having six sexual encounters with the girl between July 2015 and April of this year. Police began their investigation after the girl's mother found a sexually explicit Facebook conversation between her daughter and the pastor. When the mother confronted her daughter, her daughter told her mother about the inappropriate relationship between her and the pastor. She said inappropriate touching and sexual intercourse were involved. In Denver, Logan County and across Colorado, the pastor would face charges of Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3.

Jefferson County Sexual Assault on a Child by One in a Position of Trust Attorney: Definition of Sexual Assault on a Child – Position of Trust

Sexual Assault on a Child by One in a Position of Trust charges occur in Jefferson County whenever an actor knowingly subjects another not his or her spouse to any sexual contact 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. Sexual Assault on a Child by One in a Position of Trust is a class 3 felony if the victim is less than fifteen years of age or if the actor commits the offense as part of a pattern of sexual abuse.

Pastor Considered Person in Position of Trust in Douglas and Arapahoe County, Colorado

In Douglas and Arapahoe County, Colorado, pastors, teachers, babysitters, stepparents, coaches and many other people who work or are around children and teens are considered to be in positions of trust. Because the pastor from the news story was in a position of trust with respect to the 16-year-old church member, and because he subjected her to sexual contact, he would face charges of Sexual Assault on a Child by One in a Position of Trust. Along with other possible consequences, in Colorado, the pastor could risk sex offender registration and treatment, along with the possibility of indeterminate prison sentencing if convicted.

Affirmative Defense in Adams County – Sexual Assault on a Child Cases

In Adams County and across Colorado, a related crime to Sexual Assault on a Child – Position of Trust is Sexual Assault on a Child, C.R.S. 18-3-405. In Colorado, there is an affirmative defense to Sexual Assault on a Child cases. According to C.R.S. 18-1-503.5, it is an affirmative defense if the defendant reasonably believed a child at least fifteen years of age was eighteen years of age or older. This defense does not apply to Sexual Assault on a Child – Position of Trust cases, however. This defense will also not apply if a child was younger than fifteen years of age and the defendant reasonably believed the child was eighteen years of age or older. This affirmative defense should always be discussed with an experienced criminal defense attorney in Colorado.

Charged with Sexual Assault on a Child – Position of Trust in Denver? Call Us

If you or a loved one faces charges of Sexual Assault on a Child by One in a Position of Trust in Denver or elsewhere in Colorado, contact our criminal defense lawyers right away. Do not speak with police, and be cautious when answering phone calls from a child who has made accusations about you. Those phone calls could be pretext calls, where police listen in on phone calls between you and the accuser / alleged victim. During these phone conversations, police are often able to gather more evidence to use against you in court. This is risky and life-altering. That's why in every case where you've been accused, it's in your best interest to involve an exceptional criminal defense attorney. A lawyer will advise you of your rights and come up with a game plan to protect your future.

If you face charges of Sexual Assault on a Child by a Person in a Position of Trust in Colorado, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Or, submit the “Get Help Now” form. Together, we can protect your future.