Colorado Sex Crime Attorney Blog

Sexual Assault on a Child Cases: No Evidence Required

Posted by Kyle B. Sawyer | May 21, 2014 | 0 Comments

Sexual Assault on a Child cases are a big deal in Denver, Adams, and Jefferson County. Defendants spend thousands of dollars on their defense by hiring a criminal defense attorney, jurors spend days in trial, and taxpayers pay the salaries of District Attorneys and judges. While this is to be expected, it is a ridiculous waste of time and resources when there is no evidence of any wrongdoing other than the child's statement. What do I mean? I have worked on countless trials where children made false accusations of sexual assault. When there is no evidence, the District Attorney should not continue to prosecute a case and waste precious resources. This is a miscarriage of justice.

Cases with No Evidence are Still Brought to Trial

I once defended a client who was accused of Sexual Assault on a Child (C.R.S. 18-3-405) in Arapahoe County. The child in the case made up a story that made no sense and was completely unsupported by any evidence. Regardless of this fact, my client's case went to trial. We won the case quickly (because of the lack of evidence), but wasted four days, thousands of dollars, and the time of 13 jurors in the process. My client's life was on hold for more than a year while the case was examined. Why was a case with no evidence even brought to trial? There are two reasons for this:

1. District Attorneys are Afraid

When children are involved, everyone is scared. Children get a lot of sympathy in Sexual Assault cases specifically. No one asks the difficult questions that need to be asked. Often, I hear: “If the child knows details about sexual situations, this proves they were assaulted.” In today's day and age, this simply isn't true. In the Sexual Assault on a Child case I referenced above, the 4 ½ year old boy in the case ran away from his aunt in the mall. When she found him, she mentioned he “could have been sexually assaulted” twice. The boy knew what to say to divert attention from his running away. Children are exposed to the media, which has grown more and more sexual in recent years. Children know much more than they used to, so using their knowledge as proof of Sexual Assault is unfounded.

[pullquote align=”center” textalign=”center” width=”70%”]DA's don't ask the difficult questions that need to be asked.[/pullquote]

2. District Attorneys Want to Gain Experience

District Attorneys love to take cases to trial. If they lose, it's no skin off their nose. If they win, they get a win on their record and kudos from peers. They love to stand in front of a jury and defend the “innocent.” For many DA's, experience is the goal, not justice. I once was in a courtroom preparing for a trial when another woman was speaking to the DA about the charges against her. In the 2 minute conversation I overheard, it was clear to me that the woman had no idea why she had been charged with a crime. Yet, the District Attorney went ahead. The judge realized the woman's confusion, and delayed the case. These kinds of things happen all the time in Douglas, Arapahoe, and El Paso County courts.

[pullquote align=”center” textalign=”center” width=”50%”]DA's want to get experience at trial.[/pullquote]

Sexual Assault on a Child Cases: You Need Evidence and an Attorney

If you have been accused of Sexual Assault on a Child, you need to take action immediately. This offense results in an indeterminate sentence in the Colorado Department of Corrections, sex offender registration, and sex offender treatment if convicted. You need to consult with an attorney who has experience with cases involving children. We know the judge or jury needs evidence for a conviction, and we won't let the District Attorney use their tactics in order to get the jury to sympathize. You need an advocate in court if the “victim” is a child. Your life is on the line.

Request a Free Consultation

If you or a loved one has been contacted by the police regarding Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880 or submit the “Get Help Now” button. Together, we can protect your future.

 Image courtesy of kibsri /

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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