There have been many stories of teachers being accused of having a sexual relationship with their students. In many cases, false allegations are made by students and they can dramatically impact the lives of the accused. According to a recent news story, a 28-year-old math teacher in another state is being accused of having sex with two 17-year-old male students. One of the boys allegedly had a sexual relationship with the teacher after she traveled to Africa with the boy and his family. That boy ended the relationship, however, after finding out another boy had sex with the teacher on a hike they went on. In this other state, where the sexual relationships allegedly occurred in, the boys are of legal age of sexual consent. What this means for the teacher is that she does not have to register as a sex offender. In Denver and across Colorado, however, the teacher would have to register as a sex offender if the accusations are true and if she is convicted of a crime. Colorado has a law which treats sexual assault cases involving children more harshly when the “actor” is in a position of trust. This is called Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3.
Sexual Assault on a Child by One in a Position of Trust in Arapahoe County Definition
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.”
Since the teacher is accused of having sex with two 17-year-old boys, she would be facing charges of Sexual Assault on a Child by One in a Position of Trust. Individuals who qualify as being in a “position of trust” include teachers, coaches, mentors, pastors, babysitters and even stepparents. Basically, anyone who is a parent or acting in the place of a parent and who is responsible for a child's well-being at the time of an unlawful act, will be considered to be in a position of trust.
Sexual Assault on a Child – Position of Trust in Douglas and Adams County: Is Sex Offender Registration Required?
Not only is Sexual Assault on a Child by One in a Position of Trust a class 3 felony or class 4 felony and subject to indeterminate sentencing, it is also subject to sex offender registration and treatment. According to C.R.S. 16-22-103(1)(a), any person convicted of an unlawful sexual offense (including Sexual Assault on a Child by One in a Position of Trust) must register as a sex offender in Colorado. When registering as a sex offender in Colorado, you must register a number of things, such as your name, current address, date of birth, a set of fingerprints, or instant messaging/chat room identities. Sex offender registration in Colorado is crippling. You need a criminal defense lawyer who can fight aggressively against criminal charges which require sex offender registration upon a conviction.
Sexual Assault on a Child – Position of Trust Attorney in Jefferson County: Call the O'Malley Law Office
If you are facing allegations of Sexual Assault on a Child by One in a Position of Trust in Jefferson County, you must act quickly and contact a skilled criminal defense lawyer immediately. When men and women call us, we tell them they have nothing to lose by coming into our office for a FREE initial consultation. We want to meet you in person and discuss your situation in complete detail. After all, your life is at risk. Your job, your family, and your freedom are in jeopardy upon an allegation of Sexual Assault on a Child by One in a Position of Trust. Call the O'Malley Law Office for a free initial consultation today so we can discuss defenses for your criminal charges and how to move forward.Request a Free Consultation