When a therapist has sexual contact with a client, no matter what their age is, it is charged as Sexual Assault on a Client by a Psychotherapist. A school counselor is facing these charges after a 14-year-old girl came forward to report a sexual encounter with the counselor during their session together. According to the report, the girl reported that the female counselor sexually penetrated her and also had the girl perform a sex act on her. If this had occurred in Denver, Aurora, or Castle Rock, the counselor could also be facing charges of Sexual Assault on a Child by One in a Position of Trust.

Sexual Assault on a Client by a Psychotherapist Lawyer: Important Definitions

The Douglas and Arapahoe County, Colorado law definition of Sexual Assault on a Client by a Psychotherapist – C.R.S. 18-3-405.5 – is:

(1) (a) Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits aggravated sexual assault on a client if:

(I)  The actor is a psychotherapist and the victim is a client of the psychotherapist;

(2) (a) Any actor who knowingly subjects a victim to any sexual contact commits sexual assault on a client if:

(I)  The actor is a psychotherapist and the victim is a client of the psychotherapist

It's important to know who exactly is considered a psychotherapist. According to the law:

Psychotherapist means any person who performs or purports to perform psychotherapy.

Psychotherapy is defined as:

the treatment, diagnosis, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral or mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning.

A school counselor would be considered a psychotherapist providing psychotherapy under these definitions.

Sentence for Sexual Assault on a Client in Adams and Jefferson County

As defined above, Sexual Assault on a Client by a Psychotherapist can be charged as an aggravated offense if penetration is involved. So, for the counselor above, she would be facing a class 4 felony sex offense charge. If there had been only sexual contact, with no penetration, it would be charged as a class 1 misdemeanor sex offense.

If you or someone you love has been charged with this crime, 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 to schedule a free consultation or set up a jail visit. Together, we can protect your future.

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