People who have been accused of sex crimes are ostracized by the public in Denver, Arapahoe, and Jefferson County. As an experienced criminal defense attorney, I have seen this first-hand; people who are charged with sex offenses are treated as if they are guilty before they even go to court. Their mug shot and charges are published on every news source in the area; they are banned from having contact with children (even their own). Sometimes, people charged with a sex offense are required to pay for and wear a GPS tracking device before they've even gone to trial. This makes false accusations a good way to get revenge – which is just what one woman did. She downloaded child pornography on her husband's computer, and then called the police.

Woman Downloads Child Pornography to Frame Husband

A woman wanted to get revenge on her estranged husband. She had kicked him out of their home weeks before, but wanted to do more than that. So, she downloaded 40 images of child pornography to the family computer and called the police – saying her husband had downloaded the illegal images. Thankfully, investigators were able to unravel the false accusations by looking at the time stamps when the photos were downloaded. The photos had been downloaded 2 weeks after the husband had left the home under a restraining order. Obviously, the husband had nothing to do with the images – the woman was arrested and charged.

Illegal Images = Sexual Exploitation Charges

Conviction of this crime requires registration as a sex offender.

Let's take a look at what the wife would be charged with if they had lived in Adams, Douglas, or El Paso County. Whenever a person is in possession of sexually explicit materials involving children under the age of eighteen, they will be charged with Sexual Exploitation of a Child – C.R.S. 18-6-403. This crime is a sex offense, which means a person convicted of it will be required to register as a sex offender and go through harsh sex offender treatment overseen by the Colorado Sex Offender Management Board. Prison time varies from 1 to 16 years in the Department of Corrections, depending on the circumstances of the offense. There is a harsher prison sentence for people who create child pornography as opposed to people who simply download it.

False Accusations are Common, Which is Why You Need a Lawyer

Contact a lawyer immediately to begin your defense if you've been charged.

Take it from me – someone with over 25 years of experience in the Colorado legal system – false accusations are extremely common. All it takes is for someone to accuse another of sexual assault or even touching intimate areas over clothing, and the accused will be treated as if they are guilty. People don't often see a mug shot in the news and think to themselves “I wonder if that person is innocent?” Ironically, this is exactly what our criminal justice system is supposed to do – assume a person is innocent until the government can prove otherwise. Unfortunately, our government gets carried away and charges innocent people with life-changing crimes. Don't assume you'll be treated well because you're innocent. Instead, hire an affordable criminal defense lawyer who will fight on your behalf and ensure you get the best possible outcome in your case.

If you or a loved one has been falsely accused of a sexual crime like the man framed by his wife, 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.