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Sexual Assault on a Child – C.R.S. 18-3-405

Learn more about Sexual Assault on a Child charges in Colorado.

Sexual Assault on a Child (SAOC) charges are treated with extreme care by the government in Denver, Arapahoe, or Jefferson County. Nothing is more important to your future than contacting an aggressive criminal defense lawyer if you or a loved one has been charged with this sexual offense. Most Sexual Assault on a Child charges are subject to indeterminate sentencing – including mandatory lifetime imprisonment or mandatory lifetime probation. The stakes are high when a sex offense against a child is brought to trial. You need the expertise of a hard-hitting sex crimes defense attorney who has experience with intense courtroom trial situations. Here at the O’Malley Law Office, we have 40 years of combined courtroom experience, and we fight to win.

What is Sexual Assault on a Child?

Sexual Assault on a Child is charged in Douglas, El Paso, or Adams County when a child under the age of 15 is subjected to sexual contact by anyone who is at least four years older.

The Definitions of ‘Sexual Contact’ and ‘Intimate Parts’

In order to fully understand the crime, we must first look at the definition of ‘sexual contact,’ which is found under Colorado statute 18-3-401.

‘Sexual Contact’

“…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 if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.”

‘Intimate Parts’

“…the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.”

Sexual Assault on a Child is Easily Charged

As you can see, it isn’t difficult to be charged with this sex offense. Alleged touching of the clothed breast of a young boy could even be seen as SAOC, if someone believed the contact was for the purpose of “sexual arousal, gratification, or abuse.” Also, this offense is commonly charged in Colorado based on the testimony or accusations of a child alone. A person can be convicted simply from only a child’s testimony, even if there is no evidence the crime actually occurred. Here are a few common examples of when Sexual Assault on a Child is charged:

Accusations During a Divorce

Often, SAOC accusations are made during divorce proceedings. A spouse makes accusations in order to gain an advantage for child custody. Once allegations are made, the accused’s life will be changed forever, and he or she will have little hope of gaining custody of their child until the conclusion of the criminal case by dismissal or acquittal.

Accusations From a Stepchild

Another common occurrence is for stepchildren to make accusations about a stepfather or stepmother they don’t get along with. Children are more sophisticated and knowledgeable than we give them credit for. They know accusations will get the unwanted parent out of the house quickly.

Because we are seasoned criminal defense lawyers, we know these tactics. So, we know we need to work with divorce attorneys and utilize expert witnesses to illustrate to the jury the advantage an alleged victim or her supportive parent can gain from making false accusations. We also work with mental health professionals who can evaluate children who make false accusations out of revenge or to gain control.

What is the Sentence for Sexual Assault on a Child?

The sentence for Sexual Assault on a Child ranges, depending on the circumstances of the crime. Let’s take a moment to look at each of the possible charges. Usually, Sexual Assault on a Child is a class 4 felony. But, if the following circumstances are present, it is raised to a class 3 felony.

Force

Force or threats were used to intimidate or facilitate the sexual contact

Threats

Threats against friends or loved ones was used to facilitate sexual contact

Pattern

The offense was committed as a part of a pattern of abuse

Position of Trust

A “position of trust” was involved.

Sexual Assault on a Child: A Presumption of Guilt

Once you are charged with SAOC, you will not be able to have contact with any minors. This means you may not be able to work. You might have to move out of your house (you can’t be around your own children, either). You may be required to wear and pay for a GPS monitoring device to get out on bail. With no other crime in Boulder, Gilpin, or Pitkin County is the presumption of guilt so intense.

Consequences of an SAOC Conviction

Indeterminate Sentence

Sex Offender Registration

Sex Offender Treatment

A conviction of this Sexual Assault crime will result in an indeterminate prison sentence, the requirement to register as a sex offender, and completion of sex offender treatment overseen by the Sex Offender Management Board (SOMB). These are life-changing consequences, which is why it is vital to your future that you contact a skilled criminal defense lawyer if you’ve been contacted by the police. Don’t stand alone in the courtroom. You need an advocate fighting on your behalf. The attorneys at the O’Malley Law Office have years of experience and a passion for fighting for good people charged with sex crimes.

More About the Sex Offender Management Board

The Colorado Sex Offender Management Board is extremely harsh, and their treatment is restrictive. Their requirements dictate where sex offenders can live, who they live with, how they think, who they have sex with, where they work, and where they are allowed to go in their daily life. Mandatory sex offender treatment costs thousands of dollars and people are carefully watched by probation officers who subject them to polygraphs. The SOMB operates under heartless guidelines which assume that every sex offender “cannot be cured,” and that they are “dangerous.” The narrow guidelines show they are waiting for you to re-offend.

Plea Bargaining in SAOC Cases: Why You Need a Lawyer

In most criminal cases in Colorado, plea bargaining is a good option. Unfortunately, working out a favorable plea bargain is not usually an option in Sexual Assault on a Child cases. This is because our legislature has passed strict mandatory sentencing laws which include no contact with children and other harsh requirements which are dictated by the Sex Offender Management Board. If you decide to pursue a plea agreement instead of taking your case to trial, one of the capable attorneys at our office will work hard to work out a favorable plea agreement which allows you to keep your job and is of short duration. The sex offender sentencing laws are complex, but we know our way through the maze and will help you get the best possible plea agreement. We have relationships with sex offender treatment providers and evaluators we can refer you to. We also work closely with our clients to ensure they have the correct mindset when entering a sex offender treatment program and working with probation officers. The stakes are high in sex crime cases involving children. Be sure to work with a full-time criminal defense lawyer who understands the perils of the criminal justice and grasps the high stakes.

“Not guilty” is our goal for your defense.

Why You Need a Skilled Criminal Defense Attorney if You’ve Been Accused

If you have been accused of Sexual Assault involving a juvenile or kid, you need to contact an expert criminal defense lawyer immediately. Time is of the essence, because police officers and investigators will try to get you to talk about the case – even resorting to tricks such as the pretext call. They will be interviewing the alleged victim and gathering witnesses. You need to hire an experienced sex crimes defense lawyer who will do the same for you. You may feel you’ve done nothing wrong – or, you may admit you made a mistake and want to accept responsibility. Either way, you need to realize District Attorneys aren’t looking for the truth – they want a conviction. You need the expertise of a full-time criminal defense attorney who will advocate on you behalf in the courtroom. Here at the O’Malley Law Office, we fight to win.the vengeance the criminal justice system will take on you. They take sex crime cases against children very seriously. The police aren’t there to help you – they only want a conviction. The District Attorneys don’t want to find the truth – they only want a conviction. You can’t afford to go into the courtroom without an attorney by your side, advocating on your behalf. If you’ve been falsely accused, you need a hard-hitting lawyer fighting for the truth. If you admit you made a mistake and want to accept responsibility, we can arrange a plea bargain that protects your rights and gets you the counseling help you need. We work with a network of sex offender treatment providers who will help you work towards a better future. Don’t wait for a treatment provider to be assigned to you by the court. If you don’t have a knowledgeable advocate on your side during your case, you could end up with a lifetime prison sentence with virtually no possibility of receiving treatment or release from D.O.C. This is a critical turning point in your life – take control of your future and protect your life by contacting an expert criminal defense lawyer immediately if you have been contacted by the police regarding Sexual Assault on a Child charges. We will begin a vigorous defense which will help you break the cycle of sex-addiction, or free you from a child’s false accusations.

Get Help Now

If you or a loved one has been charged with Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney a 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 Statute: C.R.S. 18-3-405

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

(2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if:

(a) The actor applies force against the victim in order to accomplish or facilitate sexual contact; or

(b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or

(c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or

(d) 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 must be alleged for the pattern of sexual abuse; except that the acts constituting the patter 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 of section 16-50-401 (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 18-1.3-406.”