O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Sexual Assault on a Child - No Evidence, No Problem

Sex Assault on a Child Denver Attorney

I just finished a Sexual Assault on a Child (C.R.S. 18-3-405) trial in Arapahoe County. We spent a full day selecting a jury that consumed the day from fifty Arapahoe County citizens. Next, we spent three more days hearing evidence and took those days from thirteen dedicated jurors.

We won this trial in short order. We were really blessed by God. Cases like this can sometimes be decided on an improper basis like sympathy for a young child making the allegation. My client's life was held in abeyance for over a year. He spent thousands in his defense.

Arapahoe County Sex Crimes - No Evidence? No Problem

I am writing to question why this case was prosecuted in the first place. A child makes an unsupportable accusation against my client who was working at an arcade. The child claimed that the attendant (my client) came around the front of the counter and in front of customers and an off duty employee, knelt down and touched (or poked) him in his genital region. The problem? No one saw this Sexual Assault on a Child. The boy's aunt came looking for the 4 1/2 year old child after he had run away from her in the mall. She found him in the arcade standing calmly talking to the attendant and not scared at all. We learned that she then told the boy twice that he could have been sexually assaulted (yes, to a 4 ½ year old child) after running away and that she was upset with him. He told her he hated her for removing him from the arcade (Does that sound like a "victim"?). When the boy got home (and just before he got into big trouble by his mom for running away), he told his mother that a man at the mall touched him between his legs. Success! The boy did not get into trouble and the focus was shifted to calling the police and making the boy a "victim". We also learned from the boy's mother that she regularly warns him of the dangers of bad touch and that they talk openly about it.

Sex Assault Charge in Aurora - Why Do They Do It?

What is wrong that the Arapahoe County District Attorney and Aurora Police Department prosecute such cases? Some district attorneys love to take cases to trial in an effort to bolster their win record or merely to prance around in front of a jury. They love to brag of victories and of their support for children. They thrive on the experience and have little else to do in life. They don't care that a young man's life could have been ruined forever with a sex offender conviction. They are unmindful of the loss of productivity to jurors. I fear there are many men in prison who have done nothing wrong.

Sex cases without evidence are common place. It takes no special talent to accuse someone of touching you. District Attorneys should wise up and save valuable jury and court time for cases with evidence. They prosecute with improper motives at great expense to our society, for their gain alone and that should stop.

1 Comment

the system is broken.....God bless you for being in the fray and really saving the young man.

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.