There's a new story in the news every day: A teacher has been charged with Sexual Assault on a Child by a Person in a Position of Trust for having sexual contact with a student. Many people wonder why there seems to be a sudden outbreak of incidents in Adams, Denver, and Jefferson County, and across the state. We can't answer that with certainty, but we can shed some light on the question by looking closely at a recent case.

Example of Sexual Contact with a Student

The most recent article we read was of a teacher in Texas who had an ongoing relationship with one of her male students. The 43-year old teacher was seen engaging in “suspicious horseplay,” such as sitting on the student's lap. An investigation ensued, and the alleged victim said the teacher had engaged in oral sex with him in her classroom.

“Position of Trust” and Why It Makes a Crime So Serious

In Arapahoe, El Paso, and Douglas County and across Colorado a crime such as the one in Texas would result in charges of Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3. When a person in a “position of trust” (such as a teacher, coach, babysitter, guardian, etc.) engages in sexual contact with a child, the rules written more broadly to include any child. Position of Trust charges include sexual contact with any child under eighteen. When an adult not in a position of trust is charged with Sexual Assault on a Child, it is for having sexual contact only with a child under the age of 15.

Sexualized Culture's Effect on Children

While it is never right for a teacher to have sexual contact with a student, we need to understand that our culture is highly sexualized. The boy in this story was seen spanking the teacher's butt at one point. Children in today's day and age are overwhelmed by the media and our sexualized culture. Obviously, the 15-year-old student didn't mind his relationship with the teacher. We agree that something isn't right with the situation, but looking only at the teacher in cases like this overlooks one of the biggest problems – that children are becoming sexually active at a young age.

[pullquote align=”center” textalign=”center” width=”40%”]This crime is subject to indeterminate sentencing.[/pullquote]

The Consequences for Having Sexual Contact with a Student

In Colorado, Sexual Assault on a Child by a Person in a Position of Trust is either a class 3 felony (if the alleged victim was under the age of 15), or a class 4 felony (if the alleged victim was over 15 or over, but under 18 years of age). The classification is very important. This is because this sex offense is subject to Colorado's indeterminate sentencing. A person convicted of  class 3 felony Sexual Assault on a Child by One in a Position of Trust would be sentenced to the Colorado Department of Corrections for 10 years to life. Even if they were eligible for parole, their release is completely dependent on a decision of the Colorado Parole Board and completion of sex offender treatment overseen by the Sex Offender Management Board (SOMB). Unfortunately, there aren't enough treatment providers in DOC, so hundreds of people are sitting in prison awaiting treatment so they can be released. If convicted of the class 4 felony Sexual Assault on a Child by a Person in a Position of Trust, an indeterminate term of probation is possible.

Why You Need a Lawyer for Having Sexual Contact with a Child

If you are in a position of trust and have been accused of having sexual contact with a student or another child, don't hesitate to contact an experienced criminal defense attorney. You need someone in the courtroom to tell your side of the story and advocate on your behalf. Judges, District Attorneys, and juries have a bias towards children in cases of Sexual Assault, Position of Trust. Don't stand alone in court – you need someone present to fight for you future.

Request a Free Consultation

If you have been contacted by the police regarding Sexual Assault on a Child by a Person in a Position of Trust in the Denver area, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

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