Colorado Sex Crime Attorney Blog

Sexual Assault by a Position of Trust | Denver Criminal Defense

Posted by Kyle B. Sawyer | Jun 16, 2020 | 0 Comments

Sexual assault by a position of trust in Colorado is an offense that involves sexual contact between juveniles and those who are responsible for their education or supervision. If a minor's teacher, pastor, or coach touches the young person's intimate parts, especially impactful criminal charges often follow. The term position of trust is particularly broad and also includes anyone acting in place of a parent or those who are responsible for a teen's health, education, welfare, or supervision. Whether the young person gave consent or not is irrelevant in these cases. Consult an experienced criminal lawyer immediately if you're facing an allegation of sexual assault by a position of trust.

Denver's Position of Trust Law

Denver's position of trust law prohibits sexual contact between certain adults and minors under the age of 18. CRS 18-3-405.3 defines the specific violations of this law in Colorado. You commit this sexual offense in Denver, Cherry Creek, or Lodo if you:

  • touch the breast(s), butt, or genital area of someone under 18,
  • or cause someone under 18 to touch your intimate parts,
  • AND are responsible in some way for the minor's health, welfare, education, or supervision

When this contact is for the purpose of sexual arousal, gratification, or abuse, charges of sexual assault on a child by one in a position of trust apply. Teenagers often grow close to their coaches, youth pastors, and teachers, especially those they've gotten to know for several years. However, if this trusted relationship crosses certain boundaries, the adult will be held 100% accountable and endure potentially lifelong penalties.

Penalties for Sexual Assault by a Position of Trust in Colorado

The penalties for position of trust sex assault largely depend on the victim's age at the time of the offense and how often the contact occurred. At minimum, sexual assault on a child by one in a position of trust is a class 4 felony. When the victim is 15, 16, or 17, defendants face up to 6 years in DOC and a minimum fine of $2K. However, the following factors amplify the charge to a class 3 felony:

  • victim 14 or younger,
  • or pattern of sexual abuse (sexual contact more than once)

Cases with younger victims and those where ongoing relationships existed are punished more harshly. Possible consequences in these situations can include over a decade in prison and six-figure fines. Additionally, a conviction of either felony will result in sex offender registration, costly evaluation / treatment, and a period of intensive supervision after release from incarceration.

Denver's Top Sexual Assault Attorneys

All allegations of sexual assault in Colorado require strategic, experienced representation. When the alleged victim is a minor, even more is at stake. Perhaps no touching occurred, it was an accident, or you're being falsely accused. That said, contact our office today for a free consultation. Our attorneys will carefully analyze your unique case, as well as suggest next steps in your defense. Our affordable fees and flexible payment plans make obtaining a seasoned attorney a reality in uncertain times.

If you or someone you know is facing sexual assault charges as a position trust, be smart. Contact the determined defense attorneys at Sawyer Legal Group, LLC at 303-830-0880.

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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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