As a lawyer, I hate to be seen as insensitive to kids or blind to the reality that Sexual Assault on a Child occurs in the Denver metro area. I know this crime does occur in the real world. I like kids too. Here is the BUT: These cases are easy to allege and District Attorneys and Police investigators don’t ask the hard questions of alleged victims. They love saying, “believe the children”.
Elements of Sexual Assault Involving a Child
Sexual Assault on a Child, C.R.S. 18-3-405, involves any touching of a child’s private parts or the parts of an actor. Yes, it also can involve intercourse or oral sex, but it does not have to. And, our legal system in Jefferson, Arapahoe and Douglas County treats any “bad touch” the same as if penetration occurred. Position of Trust means a teacher or parent is accused. Here’s the problem: children know they can just allege touch (as in no DNA evidence) and the adult will be arrested and jailed. Stepchildren can get rid of their new dad who imposes rules. Upset women in a divorce know if they can get their kids to say “daddy touched me”, the man is going to jail and the woman takes all. This is one crime where no physical evidence is required for a prosecution and conviction.
If the penalty for this crime were not life imprisonment (have you seen our Indeterminate Sentencing page?), I would not be so upset. When you start taking away a person’s entire life, I think the Colorado legislature should require some physical evidence for conviction of Sexual Assault on a Child and position of trust cases. Or, at least, make it a less serious charge without lifetime imprisonment if there is no physical evidence.
Proof with other Serious Felony Charges
If we were to compare this crime to other serious crimes like Robbery with a gun, Burglary into a home or even Attempted Murder, you know the legislature envisions some physical evidence. Yet with this serious sex crime, no evidence other than a kid’s word, is needed. Something needs to be fixed in this broken legal system.
We challenge District Attorneys in Adams, Broomfield and Weld County to require physical evidence of Sexual Assault on a Child before charging someone with this serious offense. We anticipate with these government attorneys how trial to a jury will go badly for them if they move forward empty handed.
If you would like to have a free case analysis, please give us a call. Any if police contact you, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.