A Colorado State Trooper was recently convicted of two counts of Unlawful Sexual Contact – C.R.S. 18-3-404, in Jefferson County, Colorado. According to news reports, the trooper was off-duty at the time the incident occurred. The public's first thought is to vilify this officer. Whenever someone is convicted of a sex crime, people get nasty. But, as experienced criminal defense attorneys, we understand the law is complex and convoluted. What might seem like an unthinkable crime (like Unlawful Sexual Contact) in Denver, Arapahoe and Adams County, may not be quite as black and white as you think.
Unlawful Sexual Contact: Not As Awful As You May Think
Unlawful Sexual contact is a sex offense in Douglas, Boulder, and Larimer County. A person commits this offense if they “knowingly subject” a person to any sexual contact and:
a). The alleged victim does not consent;
b). Is helpless or incapable of consenting;
c). Or is impaired by alcohol or drugs by another person for the purpose of causing submission.
d). There are also other circumstances, such as sexual contact of a person in custody of law enforcement, or being treated for medical issues.
At first glance, this offense seems straightforward. A closer look at the definition of “sexual contact” is necessary to have a complete understanding, however. Colorado statue defines sexual contact as the touching of a person's intimate parts (including the butt or breasts of a person), or the touching of the clothing covering the intimate parts of another person. This crime can be committed much easier than you think. A night out at a club, for example, can go bad very quickly. Too much alcohol, loud music, and dancing in a crowded space is the perfect setting. Add a couple of lonely people, and you have a dangerous combination. Maybe the state trooper met a woman at a club. Maybe they got a little touchy on the dance floor after too many drinks. All it takes is for the woman to be embarrassed the next day and report the sexual contact “against her will.” We need to stop and get all the facts (which weren't printed in the newspaper) before we judge.
Why You Need a Lawyer Who Has Experienced in Unlawful Sexual Contact Cases
As you can see, there doesn't have to be any evidence to be charged with Unlawful Sexual Contact. Unfortunately, the consequences to a conviction are enormous. If you are convicted, you will be required to register as a sex offender and go through sex offender treatment overseen by the Sex Offender Management Board (SOMB). The SOMB doesn't differentiate their treatment, and views all offenders as “dangerous” and “incurable.” The man who touches a woman's butt on the dance floor will receive the same treatment as a serial rapist. Don't put your future in the hands of an inexperienced public defender. Contact one of our experienced criminal defense attorneys who can create the best defense on your behalf.Request a Free Consultation