According to the Colorado soldier, the relationship was mutual. He even said he and the thirteen-year-old girl “cared about each other very much. I'd even say I was in love with her.” Unfortunately for the soldier, the law doesn't differentiate between mutual and non-mutual relationships when one of the participants is younger than 15. According to The Gazette, the soldier was facing up to 125 years imprisonment for multiple child sex crimes.
What is Sexual Assault on a Child – C.R.S. 18-3-405?
Sexual assault on a child occurs when a person “knowingly subjects a person not his or her spouse to any sexual contact.” In order to be charged, the child must be less than 15 years old. And, the defendant must be at least 4 years older than the alleged victim. The soldier was mostly likely charged with the more severe level of offense (a class 3 felony), for committing the act as part of a pattern of abuse. Pattern of sexual abuse is charged when there are two or more incidents of sexual abuse committed against the same person. Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3 allegations would also carry the class three felony.
What is the Sentence for Sexual Assault on a Child in Denver?
Sex Assault on a Child is subject to indeterminate sentencing in Colorado and in Arapahoe, Larimer and Jefferson County. This means that a judge will sentence a person for an indeterminate amount of time in the Colorado Department of Corrections. This could be 4 years to life, for example. The Fort Carson, Colorado soldier was most likely tried in a Federal court, so his sentence was not subject to indeterminate sentencing. Normally, the Colorado Parole Board determines if and when a sex offender is ready to be released from prison. If a person is convicted of Sexual Assault on a Child, they will also be required to undergo harsh sex offender treatment as overseen by the Colorado Sex Offender Management Board (SOMB). And, they will be required to register as a sex offender.
Sexual Assault on a Child allegations are serious. The Fort Carson, Colorado soldier received a greatly reduced sentence, but will be in prison for ten years of his life. And, he will be required to register as a sex offender. Don't stand alone in front of a judge or jury. Contact one of the experienced sexual assault lawyers in our office to be your advocate in court.Request a Free Consultation