Colorado Sex Crime Attorney Blog

What is Sexual Assault on a Child by One in a Position of Trust in Denver?

Posted by Kyle B. Sawyer | Aug 17, 2015 | 0 Comments

What is Sexual Assault on a Child by One in a Position of Trust in Denver and across Colorado?
Image Credit: Pixabay – Tegula

Sexual Assault on a Child by One in a Position of Trust can be charged under unexpected circumstances in Arapahoe and Douglas County. Sometimes, our feelings for another get the best of us and we cross a line.

In one news story, a 35-year-old man was accused of Sexual Assault on a Child by a Person in a Position of Trust with a 16-year-old.

According to the news, the sexual contact occurred in the man's home for a year. The sexual contact included inappropriate touching of the teen.

Let's look more closely at how this sex crime involving a teenager is charged across Colorado.

Sexual Assault by a Person in a Position of Trust in Denver

Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3, is charged when an actor knowingly subjects another not his or her spouse to any sexual contact, the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.

Because the child in the story was less than eighteen years of age and was inappropriately touched by the 35-year-old, it would be sexual contact. Sexual contact in Jefferson and Adams County includes the knowing touching of intimate parts, whether clothed or unclothed, for the purposes of sexual arousal, gratification or abuse.

Sexual Assault and the Position of Trust Definition in Colorado

Don't wait to contact an aggressive sex crimes attorney if facing the harsh charges of sexual assault on a child by one in a position of trust.

A position of trust label includes a parent or someone acting in the place of a parent or guardian, who deals with the responsibilities of safety, health, and the well-being of a child. It could also include someone who's educating a child.

For the man to have had so much contact with the girl (a year), it's likely he was in a position of trust. Perhaps he was an educator, a babysitter or a friend of the parents (helping care for their daughter).

Sexual Assault on a Child by One in a Trusted Position in Colorado can be either a class 3 or class 4 felony, depending on the age of a child and whether the sexual contact was part of a sexual abuse pattern. Since the sexual contact occurred repeatedly over a year, it would qualify as a Pattern of Abuse, with mandatory indeterminate sentencing to the Colorado Department of Corrections.

A Related Crime in Jefferson County: Unlawful Sexual Contact

Unlawful Sexual Contact, C.R.S. 18-3-404, is typically charged when sexual contact occurs without a victim's consent. A victim may not consent to sexual contact or is unable to consent. An inability to consent could be due to physical helplessness, a person's mental state or because a drug / intoxicant caused submission.

If the teen did not give consent to the sexual contact over the course of the year, it's possible the 35-year-old could face charges of Unlawful Sexual Contact in Colorado. Unlawful Sexual Contact is normally a class 1 misdemeanor and an extraordinary risk crime. This could result in 6 to 24 months of Jefferson County jail time. In more severe cases involving threat or intimidation, Unlawful Sexual Contact could be charged as a class 4 felony.

Charged with Sexual Assault on a Child by One in a Position of Trust? Contact a Denver Sex Crimes Lawyer

Felony and misdemeanor sex crime accusations are often exaggerated.

Sexual Assault on a Child by a Person in a Trusted Position is a sex offense in Adams and Denver County. This means sex offender registration is required, following sex offender treatment by the SOMB. Too often, felony and misdemeanor sexual crime cases are blown out of proportion. Consent becomes a tricky element to prove in most cases. Sometimes victims falsely accuse, and other times police twist evidence. Whatever the situation, you need an aggressive defense attorney to uncover the truth for your judge or jury. Contact the O'Malley Law Office today.

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If you or your loved one is facing Sexual Assault on a Child by One in a Position of Trust charges, be smart, exercise your right to remain silent and call us at 303-830-0880 or fill out the “Get Help Now” form on the side of this page. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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