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Sexual Assault and the Presumption of Guilt in Colorado, C.R.S. 18-3-402

presumption-of-guilt.jpgRevenge seekers have learned that accusing someone of Sexual Assault, C.R.S. 18-3-402, is an easy way to get even, and as long as they stick to their story, embarrassed prosecutors seldom file false reporting charges against the false accuser.

Another factor making Sexual Assault allegations a magnet for revenge seekers is the Colorado Legislature. Lawmakers are motivated by political ambitions, and they use public fears to feed upon their own need to be needed. Consequently, they chip away at principals designed to protect the accused. See, the Rape Shield statute, C.R.S. 18-3-407. Laws like these reflect a growing sentiment that the accused is always guilty and the alleged victim is always a victim. This mindset is shifting the burden of proof onto the accused.

The Presumption of Innocence is Being Challenged

I have noticed in 23 years of practicing Criminal Defense in the Denver Metro area, and in talking with jurors after a verdict, that it is becoming more difficult to seat a jury willing to presume innocence. Most people carry the idea that a defendant must be guilty, otherwise she would not be on trial. This is never truer than in Sexual Assault cases. We should be a society free from the dangers of sexual predators. However, the belief that the accused must be guilty is a greater danger to our way of life than the possibility of a guilty person going free.

Special Interest Groups Create Fear in District Attorneys to Play it Safe

A good example of this mentality can be found in the rape statistics posted by an organization called Rape Abuse and Incest National Network, or RAINN. RAINN contends only 40% of Sexual Assaults (Rape) are reported. They cite a Bureau of Justice survey which does not explain how unreported crime statistics are collected. From this and other questionable samplings, RAINN makes the conclusion that only 3 out of every 100 rapists are convicted and go to jail. They want you to believe that every allegation of rape is true. Yet in my experience, District Attorneys in Arapahoe, Jefferson or Adams County prosecute Sexual Assault cases with no more evidence that the tears of an alleged victim. Prosecutors from Montrose to Yuma County file charges just to see if they will stick, to avoid criticism from special interest groups. Without consideration that an alleged victim might be lying, they hang a defendant out in humiliation to see if a jury will convict. I'm sick of this kind of so-called justice, which is one reason why I choose to be a Criminal Defense Attorney.

If you are accused of Sexual Assault, you need to know that the lawyers at O'Malley Law Office, P.C. are here for you. Before talking with the police, call us first. Your best course of action is to be smart, exercise your right to remain silent, and contact us at 303-731-0719. Together, we can protect your future.

Image courtesy of anankkml / FreeDigitalPhotos.net 

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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.

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