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We read about it in the news all the time; a young teacher has been accused of having a sexual relationship with a student. In most cases the relationship was mutual, but the teacher is the only person held responsible for the sexual behavior. I recently read about an unusual case in which two teachers were accused of having a threesome with a student. If this incident had happened in Denver, Adams, or Jefferson County, the two women teachers would be charged with Sexual Assault on a Child by a Person in a Position of Trust. Let's take a look at this crime in order to understand how a person is convicted.

What Does Position of Trust Mean?

When a person has a sexual relationship with a minor, they are charged with Sexual Assault on a Child – C.R.S. 18-3-405. If they are in a “position of trust” with the child, the charge is aggravated. According to Colorado law, “position of trust” means:

Any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.

As you can see, this is a broad label in Douglas, Arapahoe, and El Paso County. We have seen this label applied to parents, step-parents, teachers, coaches, babysitters, siblings, doctors and nurses.

How Does the Label Affect the Crime?

The biggest difference between Sexual Assault on a Child and Sexual Assault on a Child by a Person in a Position of Trust is the age of the child listed in the statute. A person will be charged with Sexual Assault on a Child if they have any sexual contact with a child under the age of fifteen and they themselves are more than four years older. The Position of Trust crime is charged whenever a person has any sexual contact with a child under the age of eighteen, regardless of their own age.

Why are Teachers So Commonly Charged?

The student, the “victim,” was bragging about the threesome to his friends. He didn't face any criminal charges.

Here at the O'Malley Law Office, we see many cases where teachers are charged with Sexual Assault on a Child, Position of Trust. Our culture is becoming more and more sex-obsessed as the years pass, and children are becoming sexually aware at even younger ages. In the case of the threesome we referenced above, the behavior was found out because the student bragged to friends about sleeping with his teachers – the sex was absolutely consensual. Yet, the teachers are charged, while the child (who consented), is treated like a victim by the court. Essentially, when a position of trust is involved, Colorado law says any child under eighteen is too young to consent. We feel this ignores the maturity of many children today, and their ability to appreciate the consequences of their conduct.

Request a Free Consultation

If you've been charged with Sexual Assault on a Child by a Person in a Position of Trust like the teachers who had a threesome, 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.
Together, we can protect your future.