These allegations are extremely serious, simply being charged can change a family’s lives forever. A conviction can result in a lifetime in prison, especially if there is more than one touching and the person is in a position of trust (parent, babysitter, guardian, coach, teacher, etc). Anyone that thinks they may be interviewed or charged with this offense should call immediately.
The Savela Law Firm will discuss the claims, next steps, and possible defenses in an initial consultation without payment. This is confidential as attorney-client privilege. The Savela Law Firm does not become the lawyer for the client until and unless the agreed-upon retainer is paid.
As with any sexual offense, we recommend not speaking with anyone about these facts without an experienced sex crimes defense lawyer present. Beware of the pre-text phone call described on other sex crimes pages. Any statement you make can be used against you. You may not know how or why, but police and prosecutors are very skilled at getting you to say things that they make a sound like a confession to a jury. Do not trust the police to find the truth – get someone that is paid to help you and not anyone else.
Call The Savela Law Firm at 720-821-1001 or use the email contact to the right.
As an aid to understanding this charge, the following are selected statutes and jury instructions as of 2021.
Colorado Revised Statute 18-3-405. Sexual assault on a child.
(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 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 16-5-401 (1)(a), 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). Prosecution for any incident of sexual contact constituting the offense or any incident of sexual contact constituting the pattern of sexual abuse may be commenced and charged in an information or indictment in a county where at least one of the incidents occurred or in a county where an act in furtherance of the offense was committed.
(3) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.
(4) A person who is convicted on or after July 1, 2013, of sexual assault on a child 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.”
Colorado Criminal Jury Instruction: SEXUAL ASSAULT ON A CHILD
The elements of the crime of sexual assault on a child are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
4. subjected another person who was not his [her] spouse to any sexual contact, and
5. that person was less than fifteen years of age, and
6. the defendant was at least four years older than the person.
[7. And that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] .]
After considering all of the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of sexual assault on a child.
After considering all of the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of sexual assault on a child.
What is a Position of Trust?
The Colorado jury instruction defining a position of trust is below. The best way to think of it is a person that is a parent or guardian, or someone a parent or guardian would trust to be the adult in the room with their child. Until a person is 18, they are a child. Examples are coaches, teachers, babysitters, uncles, aunts, older siblings. This aggravates the offense to make the sentence potentially much worse. This is because it is more harmful to a child to be hurt by a person they trust. It is also because a person in a position of trust has greater private access to a child.
Does Position of Trust affect the Age of Consent?
Yes. Commonly the age of consent can be 15 years or younger depending on the age of the accused. Where there is a position of trust, the age of consent is 18 years old.
POSITION OF TRUST—Definition
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.
What is a pattern of sexual assault or a pattern of sexual abuse?
Pattern may sound like a significant amount or somehow similar actions many times. It is very simply two incidents of sexual contact. These can be close in time or separated by days or weeks or months or years. The form of sexual contact does not need to be exactly the same. The Colorado jury instruction for a pattern of sexual abuse is below. A finding of a pattern aggravates the sentence, meaning it makes it worse.
PATTERN OF SEXUAL ABUSE
“Pattern of sexual abuse” means the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.
Sex Crimes in Boulder and all of Colorado are extremely serious offenses. Most of the charges require a lifetime in prison, possibly lifetime supervision on parole or probation, and lifetime registration as a sex offender. Get a good lawyer immediately. Do not trust the prosecution or police to prove your innocence. Most Boulder, Colorado sex crimes are serious felonies.
If you are accused of a sex crime such as sexual assault or suspect you might be accused of a sex crime, you should immediately contact an experienced sex crime defense lawyer. You should not speak to police or prosecutors without a lawyer. Only discuss the facts with your attorney.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Boulder, Colorado, and the surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.