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Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3

Learn more about Sexual Assault on a Child by One in a Position of Trust charges in Colorado.

Sexual Assault on a Child is always a serious offense in Denver, Arapahoe, and Jefferson County and across Colorado. But, when the “position of trust” label is attached to it, the consequences are even harsher. A conviction of Sexual Assault on a Child by One in a Position of Trust can result in mandatory prison without the possibility of parole. It is also subject to indeterminate sentencing (life-time), so it is vital that you contact the best criminal defense lawyer to fight for your future and freedom if you have been charged.

What is Sexual Assault on a Child?

Sexual Assault on a Child is charged whenever a person has sexual contact with a child under the age of fifteen. The law is complex when it comes to statutory rape and the age of consent, but simply put, the age of consent is 15 if the partner is within ten years of age. But, if the person having the sexual contact with the minor is in a position of trust towards that child, the age is raised to any child under the age of 18.

What is the Position of Trust Label in Denver?

The label of “position of trust” is added in certain circumstances of Sexual Assault on a Child. The definition of position of trust can be found under statute 18-3-401:

…one in a ‘position of trust’ includes but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child’s welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.”

As you can see, the definition is extremely broad. Common examples of people considered to be in a “position of trust” to children are pastors, counselors, babysitters, teachers, doctors and other medical personnel, parents, step-parents, or the parent of the child’s friend.

Common Examples of People in a ‘Position of Trust’

Pastors

Counselors

Babysitters

Teachers

Doctors

Parents

Step-Parents

Parents of Friends

Pattern of Sexual Abuse Elevates the Charges

Another aspect of Sexual Assault on a Child by a Person in a Position of Trust cases is whether or not the sexual contact was part of a “pattern of sexual abuse.” It is charged whenever a person has sexual contact with an alleged victim on more than one occasion. If a minor under the age of 18 alleged there was multiple occurrences of sexual contact with an adult, that person will likely be charged with the class 3 felony classification of this crime. This “pattern of sexual abuse” sentence enhancer is added in situations where the defendant was in a position of trust, and in straight Sexual Assault on a Child cases in Adams, Douglas, and El Paso County. This class 3 felony classification carries a mandatory prison sentence.

What to Do if You’ve Been Charged with Position of Trust

If you have been contacted by the police regarding Sexual Assault on a Child by One in a Position of Trust charges, your future is on the line. This sexual offense is subject to mandatory sentencing, indeterminate sentencing, sex offender registration, and sex offender treatment. The most important thing you can do is to:

1.Remain Silent: Don’t talk to the police about the case. They will use everything you say against you. Regardless of what they say, they cannot help you lessen the charges once they have been filed. Their only purpose for calling or visiting you is to gather information to use against you.

2.Get Help Now: You need backup in the courtroom. Position of Trust cases are handled harshly in courts across Colorado. You need an advocate who has a strong understanding of sex crime law, and can fight aggressively for you in the courtroom.

How Our Expert Criminal Defense Lawyers Will Help Protect Your Future

You have everything to gain and nothing to lose by calling one of our expert criminal defense lawyers. The attorneys at the O’Malley Law Office have 40 years of combined courtroom experience, and we specialize in defending people accused of sex crimes. We know the ins and outs of the courtroom. We know the tactics commonly used by District Attorneys. One of these tactics is the use of a pretext call, where the alleged victim will call you from the police station. A device is used which alters the caller ID, making it look like the alleged victim is calling you directly. The entire call is being recorded at the police station and will be used against you. Strategies like this are used to convict you of this serious offense. False accusations are common, especially in Position of Trust cases. We understand that. We know that children often make up stories for revenge, to cover actual abuse, or simply as a way to get attention. Don’t plead guilty or work with an inexperienced lawyer. Instead, contact one of our hard-hitting criminal defense attorneys to be your advocate. Here at the O’Malley Law Office, we fight to win.

Get Help Now

If you or a loved one has been charged with Sexual Assault on a Child by One in a Position of Trust, 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.
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Colorado Sexual Assault on a Child by One in a Position of Trust Statute – C.R.S. 18-3-405.3

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if 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.

(2) Sexual assault on a child by one in a position of trust is a class 3 felony if:

(a) The victim is less than fifteen years of age; or

(b) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time need be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401 (1) *a), C.R.S., concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5).

(3) Sexual assault on a child by one in a position of trust is a class 4 felony if the victim is fifteen years of age or older but less than eighteen years of age and the offense is not committed as part of a pattern of sexual abuse, as described in paragraph (b) of subsection (2) of this section.”