The government in Colorado has a problem understanding the difference between normal childhood curiosity and the actions of pedophiles. Our current laws don't do a good job differentiating between games and sex crimes. This seems like an overstatement, but I'll give you a perfect example: In 1999, an 11-year-old Swiss-American boy was charged with Aggravated Incest – C.R.S. 18-6-302, in Jefferson County. He spent seven weeks in jail. Let's take a look at this crime, and how the boy was treated unjustly by our confused justice system.

What is Aggravated Incest?

Aggravated Incest is charged in many different situations, but in this specific situation, the Swiss-American boy was charged because he subjected his sister to sexual contact. The term “sexual contact” sounds sinister, but a look at the definition is enlightening. According to Colorado statute 18-3-401, sexual contact is the knowing touching of the alleged victim's intimate parts, or the clothing covering the intimate parts. “Intimate parts” include the butt, breast, and pubic area. In other words, you could be charged with Aggravated Incest in Denver, Adams, and Douglas County for knowingly touching the clothed butt of a relative, if the contact was for sexual gratification or abuse.

Playing Doctor or the Behavior of a Sex Offender?

According to the Swiss-American boy's neighbor in Evergreen (where he and his family were living at the time), the boy had touched the private areas of his little sister. The neighbor spoke with the boy's mother, and the police were called. The poor young boy was led away from his home in handcuffs, and he was taken away from his family and sent to foster care. This is an absolutely ridiculous response on the part of law enforcement in Jefferson County. “Playing doctor” is normal childhood behavior. When are handcuffs, jail, and the possibility of juvenile detention appropriate for a child? In the past, this situation would have been handled by the parents, who would have had a conversation with the child. Now, our court system is involved and this young boy is faced with the possibility of sex offense charges. A judge dismissed the case because the boy's right to a speedy trial was violated. When the boy left Colorado to be reunited with his family in Zurich, he said he “never wanted to see Denver again.” We don't blame him.

Colorado Laws Overreact to Alleged Sex Crimes

The problem with overreacting to alleged sex offenses is that it takes away the focus and resources to investigate crimes with actual victims. Knee-jerk reactions from police officers who want to “play it safe” for their careers make unjust arrests, and District Attorneys who charge people with crimes when there is no evidence, make for a twisted court system. This is why you need to work with an experienced sex crimes defense attorney if you have been charged with a sex offense in Arapahoe, Larimer, or El Paso County. You need to have a friend in the courtroom who will advocate on your behalf. In a system where 11 year-old-boys are treated as serial rapists, you need someone who believes your story and fights for your future and freedom.

Request a Free Consultation

If you or a loved one has been charged with Aggravated Incest or any other sex offense, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free initial consultation at 303-830-0880. Together, we can protect your future.

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