Sometimes, there's more to it than just being a Good Samaritan. According to a news story I was reading today, what a 23-year-old man thought was going to be a short ride to a bus stop turned into a sexual assault. According to the news, the driver of the bus said he could perform sexual acts with the 23-year-old and grabbed the 23-year-old's genitals. The driver and the young man had also exchanged phone numbers so the young man could pay the driver for gas. The man was able to get out of the vehicle, but since the bus driver had his phone number, he continued to text the man about being paid for sexual acts. If this incident happened in Douglas, Arapahoe County, or anywhere else in Colorado, the bus driver could face Unlawful Sexual Contact charges.

What is Unlawful Sexual Contact in Adams County?

Unlawful Sexual Contact, C.R.S 18-3-404, occurs in our case above as follows:

Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:

• The actor knows that the victim does not consent; or
• The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or
• The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or
• The actor has substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing submission; or
• The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or
• The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.

According to the story, the bus driver grabbed the man's genitals without the young man's consent, which is considered Unlawful Sexual Contact. Unlawful Sexual Contact is a class 1 misdemeanor and an extraordinary risk crime, meaning the driver could face 6 to 24 months in the Adams County Jail and up to $5,000 in fines if found guilty in a jury trial. If the driver threatened harm to the young man unless he permitted to sexual contact, he could receive a class 4 felony charge. This may result in 2-6 years in the Colorado Department of Corrections and registration as a sex offender for many years.

How Often Are Misdemeanor Unlawful Sexual Assault Accusations Escalated?

There doesn't always have to be physical evidence to prosecute an Unlawful Sexual Contact case. The 23-year-old had text messages from the driver on his cell phone, which could have been enough evidence for his case. However, sometimes there isn't always clear evidence of Unlawful Sexual Contact. For example, someone may make something up about you, saying you inappropriately touched him or her. They might do this for revenge, attention or because they're unaware of consequences of an accusation. This could tarnish anyone's reputation, especially because Unlawful Sexual Contact is a sex offense in Colorado. That means anyone convicted would have to register as a sex offender and obey the sex offender treatment rules of the Sex Offender Management Board. You should always involve an experienced criminal defense attorney early on in your case if you've been charged with Unlawful Sexual Contact in Colorado.

Why You Need a Jefferson County Unlawful Sexual Contact Lawyer

Because there are harsh consequences for an Unlawful Sexual Contact conviction, you need a defense attorney who will organize your defense and present it clearly to a jury. While the SOMB may think that all accused sex offenders are dangerous, the attorneys at the O'Malley Law Office know different. We know that sometimes good people make mistakes or hasty decisions.  In other cases, our clients have done nothing wrong and they are being falsely accused. We thoroughly evaluate every unlawful sexual contact case to make sure the evidence is interpreted in our client's favor.

If you are facing Unlawful Sexual Contact charges, be smart, exercise your right to remain silent, and call the experienced attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.