Unlawful Sexual Contact – C.R.S. 18-3-404 is a sex offense in Denver, Adams, and Jefferson County. It is becoming one of the most commonly charged offenses in the Juvenile court system. This is because typical teenage behavior is now a serious criminal offense. The punishment doesn't match the crime. Let's look closely at this sex offense and how it can affect a teenager's life if they are adjudicated:

Unlawful Sexual Contact: Typical Teenage Behavior Severely Punished

A person will be charged with Unlawful Sexual Contact in Arapahoe, El Paso, and Douglas County if they inflict sexual contact on another person without permission, or if the alleged victim is unable to agree with the contact because of intoxication, physical helplessness, or mental state. This makes sense – having sexual contact with someone who doesn't consent shouldn't be allowed in our society. The problem with this offense lies in two things:

1. The Definitions of Sexual Contact and Intimate Parts
2. No Evidence is Needed

Definitions: According to the Colorado statute, “sexual contact” means the knowing touching of another person's intimate parts (or the alleged victim touching the actor's intimate parts), or of the clothing touching the immediate area of intimate parts if the touching is for the purpose of sexual arousal, gratification or abuse. “Intimate parts” are defined as the external genitalia, butt, or breasts of any person.

Lack of Evidence: No evidence is needed for a conviction, other than the word of the alleged victim. This is because there isn't any physical evidence when touching is involved. Let's say a young teenage couple starts making out at an after-school party. At one point, the boy grabs the young woman's butt. If she thinks he has gone “too far,” she could report his behavior. Or, she could be fine with it at the moment, but when a friend mentions the behavior the next day, she could feel guilty and accuse the young man of touching her without her consent.

[pullquote align=”center” textalign=”center” width=”80%”]Teens who are adjudicated for this sex offense could face sex offender registration and years of therapy.[/pullquote]

Has Your Kid Been Charged with Unlawful Sexual Contact? You Need a Lawyer

Since the beginning of time, juveniles have been exploring their sexuality. This is normal behavior for adolescents. In the past, conduct which went too far was disciplined at home. Now, teenagers who go too far face harsh criminal penalties. A teenager adjudicated for Unlawful Sexual Contact could face therapy and sex offender registration. If your child has been charged with Unlawful Sexual Contact, it is imperative for their future that you contact an experienced criminal defense attorney immediately. Many people don't think they need to fight charges as aggressively because juvenile charges are less significant. This isn't true. While your teen is unlikely to face jail time, the other consequences of adjudication are the most damaging. I understand how prosecutors and judges think, and often I am able to fight for a deal which doesn't include sex offender registration or long periods of therapy.

Request a Free Consultation

If your child has been charged with Unlawful Sexual Contact, don't put their future in the balance in Denver, Aurora, or Centennial. 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, or submit the “Get Help Now” form. Together, we can protect your future.

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