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Sexual Assault on a Client by a Psychotherapist Denver Attorney – C.R.S. 18-3-405.5

Learn more about Sexual Assault on a Client by a Psychotherapist in Colorado.In Denver and across Colorado, psychiatrists, psychologists and other mental health professionals can face charges of Sexual Assault on a Client by a Psychotherapist if found having a sexual relationship with one of their clients. Sexual Assault on a Client by a Psychotherapist can either be a misdemeanor or felony in Colorado, depending on the type of sexual relationship that occurs.

Felony Sexual Assault on a Client by a Psychotherapist Definition in Douglas County, Colorado

If a psychotherapist (actor) or psychologist inflicts sexual penetration or sexual intrusion on a client (victim) in Douglas County or anywhere else in Colorado, the psychotherapist can face Aggravated Sexual Assault on a Client charges. This is a class 4 felony across Colorado. The ten thousand dollar question is how long after a person stops seeing the therapist professionally, does he or she remain a “client”?  If one day is enough, then the statute’s goals could be thwarted.  The law does not specify the answer to this important question.  We could also ask if it matters how many times the client saw the psychotherapist.  What if it were only one time, and the purpose was to get advice on how to handle a rebellious child?

Misdemeanor Sexual Assault on a Client by a Psychotherapist / Therapist in Adams County: Sexual Assault when Only Sexual Contact Occurs by “Touch”

However, if a psychotherapist subjects their client to only sexual contact or touch in Adams County or anywhere else in Colorado, they will face class 1 misdemeanor Sexual Assault on a Client by a Psychotherapist charges. “Sexual contact” includes the knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts. The sexual contact would have to be for the purposes of sexual arousal, gratification or abuse.

Arapahoe County Sexual Assault on a Client by a Psychotherapist / Psychologist: A Consensual Sexual Relationship Doesn’t Matter in Counseling Relationships

Even if there is a consensual sexual relationship between a victim (client) and a psychotherapist (actor) in Arapahoe County or elsewhere in Colorado, it doesn’t matter. If the client gave consent to the sexual contact, sexual intrusion or sexual penetration, it will not constitute a defense anywhere in Colorado. Especially because a client may “consent” to sexual contact, penetration or intrusion, thinking it’s consistent with or part of the client’s treatment. Under C.R.S. 18-3-405.5(4)(d), this is known as “therapeutic deception”.  Can someone be “deceived” if they see a therapist for help with a child and soon thereafter enter into a consensual relationship?  How about if they get married during or shortly after the counseling relationship is underway?

It’s important to have a lawyer advocate

on your behalf in Sexual Assault cases.

Sexual Assault on a Client by a Psychotherapist or Counselor Consequences in Jefferson County, Colorado

 

Jail or Prison Time

Sex Offender Registration

Sex Offender Treatment

Indeterminate Sentencing

Sexual Assault on a Client by a Psychotherapist or Counselor is a class 1 misdemeanor or class 4 felony in Jefferson County and across Colorado. It is a class 1 misdemeanor where only sexual contact occurs, while it is a class 4 felony where sexual intrusion or sexual penetration occurs. Sexual Assault on a Client by a Psychotherapist is also subject to indeterminate sentencing, which means it’s possible you could spend the rest of your life in prison if convicted. This is a devastating outcome for those convicted of this sex crime, where no deception may have been involved. In prison, there is a shortage of therapists that work with those serving the indeterminate prison sentence, and many offenders end up waiting a long time before even beginning sex offender treatment. As if the consequences of an indeterminate sentence are not crippling enough, you must also register as a sex offender and complete sex offender treatment if convicted. Don’t wait if facing any accusations of Sexual Assault on a Client by a Psychotherapist in Colorado. Keep silent and call a criminal defense attorney at the O’Malley Law Office today.

Denver Sexual Assault Lawyer for Sexual Assault on a Client by a Psychotherapist Charges: Call Today

The consequences of a conviction of Sexual Assault on a Client by a Psychotherapist in Denver and across Colorado are life-altering. But, don’t be discouraged. The criminal defense lawyers at the O’Malley Law Office have represented many clients accused of sex crimes and have been collectively defending them for over 40 years. Your future is too valuable to fight any charges alone.

Get Help Now

If you or a loved one is facing charges of Sexual Assault on a Client by a Psychotherapist, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.
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Sexual Assault on a Client by a Psychotherapist Colorado Statute – C.R.S. 18-3-405.5:

(1) (a) Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits aggravated sexual assault on a client if:

(I) The actor is a psychotherapist and the victim is a client of the psychotherapist; or

(II) The actor is a psychotherapist and the victim is a client and the sexual penetration or intrusion occurred by means of therapeutic deception.

(b) Aggravated sexual assault on a client is a class 4 felony.

(2) (a) Any actor who knowingly subjects a victim to any sexual contact commits sexual assault on a client if:

(I) The actor is a psychotherapist and the victim is a client of the psychotherapist; or

(II) The actor is a psychotherapist and the victim is a client and the sexual contact occurred by means of therapeutic deception.

(b) Sexual assault on a client is a class 1 misdemeanor.

(3) Consent by the client to the sexual penetration, intrusion, or contact shall not constitute a defense to such offense.

(4) As used in this section, unless the context otherwise requires:

(a) “Client” means a person who seeks or receives psychotherapy from a psychotherapist.

(b) “Psychotherapist” means any person who performs or purports to perform psychotherapy, whether the person is licensed or registered by the state pursuant to title 12, C.R.S., or certified by the state pursuant to part 5 of article 1 of title 25, C.R.S.

(c) “Psychotherapy” means the treatment, diagnosis, or counseling in a professional relationship to assist individuals or groups to alleviate mental disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors which interfere with effective emotional, social, or intellectual functioning.

(d) “Therapeutic deception” means a representation by a psychotherapist that sexual contact, penetration, or intrusion by the psychotherapist is consistent with or part of the client’s treatment.

(5) A person who is convicted on or after July 1, 2013, of sexual assault on a client by a psychotherapist under this section, upon conviction, shall be advised by the court that the person has no right:

(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;

(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;

(c) Of inheritance from a child conceived as a result of the commission of that offense; and

(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.