Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Sexual Assault on a Child – No Evidence, No Problem

On Behalf of | Apr 3, 2012 | Sexual Assault on a Child |

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.