Jul 31

Jefferson County Sexual Assault on a Child Lawyer | Victim Blaming is Not a Good Defense in Adams County

A 38 year old man is claiming that an 11 year old girl may have raped him while he was sleeping. Victim blaming is never a good idea.

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Often, Sexual Assault on a Child cases in Jefferson County have very little physical evidence and become the alleged victim’s word against the accused. However, when there is DNA evidence, the Adams County case becomes much more difficult to argue. I recently read a story making national news headlines about a 38-year-old man possibly impregnating an 11-year-old girl. What makes the story especially news worthy, is that the man is claiming that if he is the father of the child, then he was raped by the 11-year-old. He alleges that she may have had sex with him while he was sleeping. Through our many years of experience with the Colorado County and District Courts, we’ve learned that it is never a good idea to blame the victim, as a defense for actual sexual contact.

Douglas County Sexual Assault on a Child Definition

The Douglas County, Colorado law definition of Sexual Assault on a Child – C.R.S. 18-3-405 – is:

Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

Any sexual contact is key in this statute, because it is not just penetration that is considered sexual assault when it comes to children victims. Any sexual touching of intimate parts, even over clothing, is considered Sexual Assault on a Child. This broad definition makes it very easy for a child to claim that they were assaulted. They do not need to produce any DNA or physical evidence of the alleged contact.

Child Victim Sex Assault Sentence / Punishment in Arapahoe County and Denver

Sexual Assault on a Child is a felony crime in Arapahoe County, punishable by an indeterminate sentence to the Colorado Department of Corrections. This means the judge will choose a minimum amount of time a person will spend in prison, with the maximum extending to life. Different aggravating factors will decide if the Sexual Assault on a Child charge is a class 3 felony or class 4 felony. Should probation be a sentencing option, a class 4 felony probation sentence will be 10 years to life, and a class 3 felony probation sentence will be 20 years to life, in Denver County.

If you or a loved one has been arrested for Sexual Assault on a Child, be smart, exercise your right to remain silent and contact the best Denver criminal defense attorneys from the O’Malley Law Office at 303-830-0880 today. Together, we can protect your future.