When Colorado District Attorneys charge men and women with Sexual Assault on a Child based solely on the word of a child, they change the way we must operate around kids. We cannot afford to offer physical affection to children who are not our own – and must be very careful with even our own kids. Sexual Assault on a Child, Position of Trust, or Pattern, all can result in lifetime, or indeterminate prison sentences in Arapahoe and Jefferson County. Gone are the days when we can freely offer physical affection and affirmation to the kids who need it. Any man who does, is not paying attention.
Last week I was defending a good man in Adams County who was alone with a little girl. While getting into trouble, she later told her mom that he touched her between the legs on several occasions. The man never should have been alone with this girl. In our legal system today, DAs have no reluctance for charging men and women – even when the only evidence is the word of a child. It is no longer necessary for some type of corroboration to support the child’s story. Fortunately, we won that trial, and our client is free of his nightmare.
Children Lie for Many Reasons
Children lie. I can’t say it even more plainly. Whether it be to deflect attention somewhere else when they are getting in trouble (a favorite), or to get a step dad out of the house, kids make up stories and adults in government are willing to go along with the charade. Why?
Reasons DAs Will Prosecute Sexual Assault on a Child with No Evidence
First, DAs want the work. On several occasions, I have heard of DAs taking cases to trial only to get the experience. Often, they are required to take cases to trial to fill a quota (Weld County, for example). Next, they don’t want to upset police and detectives who bring them cases. It is seen as a sign of support to accept a case for filing in the District Court. A third reason is that District Attorneys are terribly afraid of a “VBR” or Victim’s Bill of Rights complaint against them if they don’t take a case to trial. Finally, for their safety. It is safe to take a case to trial and let a jury decide who wins or loses. Then, no one can complain that the DA was unsupportive of a child.
In my recent Adams County case, the DA had strong evidence the child was lying. Even more evidence developed as the case progressed at trial and the girl made up a story during her testimony. Yet, fearful of the alleged victim’s mother and a possible complaint, the DA blindly moved forward. Doing the right thing never entered her mind. Protecting her job was #1 priority, as the DA wasted precious court time, and the time of thirteen jurors away from their jobs.
We are prepared to fight along-side you when police and the DA prosecute you for Sexual Assault on a Child in Douglas County and Denver County – or across our great state. Never speak with police. Call our experienced criminal defense lawyers at 303-731-0719, today. Together, we can protect your future.