Being falsely charged of Sexual Assault on a Child, C.R.S. 18-3-405, in Arapahoe or Jefferson County is about the most terrifying thing a person can experience. The falsely accused man or woman is suddenly placed in a literal fight for his or her life in a legal system which is growing more hostile toward the accused every year. I hear from at least one or two people every month who tell me they have been charged with Sexual Assault involving a Child and the only evidence is the word of a child. Read Why it is So Easy to be Charged.
Why Sexual Charges Involving Children and Kids are Not Dismissed
The defendant will often have unrealistic expectations that the charge will be dismissed after the Adams County prosecutor completes her investigation and looks at the obvious reasons why the child is not being truthful. They think it will be like TV, where the police and district attorney are looking for the truth. The problem with this idea is that just the nature of this charge convinces most every cop and prosecutor that the child is telling the truth. I remember a time where, during trial, the child making the allegation started talking crazy in front of the jury. She made up impossible to believe stories like she was writing a fantasy book. When I approached the DA during a break to talk about stopping the trial, he angrily told me to “get away” from him. The case went forward to a quick jury acquittal, but the DA never thought anything wrong with going forward. Perhaps charges of this type would be dropped if they were instead Murder (18-3-102), or Menacing (18-3-206), or just about any other crime. However, when the charge is Sexual Assault on a Child anywhere in Colorado, they are not dismissed. Here is another way of looking at it.
Spaghetti and Sexual Assault Have Something in Common
There is an old wives’ tale which says spaghetti isn’t done unless it sticks to a wall. Prosecutors apply the same principal to Sex Assault on a Child cases in Denver and Douglas County. District Attorneys are politically motivated to not been seen as weak on crime, especially when it comes to kids. Criticism can hurt so bad. With no more evidence than the word of a child, they would rather take a case to trial and lose, than deal with the potential public criticism of dismissing it. So, like spaghetti, even when all other evidence is pointing away from the defendant, if a child says it happened, prosecutors would rather throw it in front of a jury to see if the charges will stick. Sadly, they are sometimes successful. Jurors can also be convinced to ignore the many reasons why children lie if they are not provided with good reasons by an experienced defense attorney. That is why it is important to fight Sexual Assault on a Child allegations with everything you have.
Judges are Worried Too
To make matters worse, judges in every judicial jurisdiction from Lincoln to Ouray County will not risk losing their jobs to uphold the Constitutional rights of the accused. If a defendant is granted bail before a trial, and under the guise of public safety, judges will issue bond conditions keeping parents from having any contact with their own children or anyone under the age of 18, even if the facts do not indicate those conditions are needed.
The stakes are high and the consequences of a conviction for Sexual Assault on a Child are so severe it is almost inconceivable that a person would not pull together all his or her resources to get the best attorney possible for their legal representation. These cases are highly complicated and with lifetime imprisonment on the line, the stakes don’t get any higher.
So if you or someone you care about has been charged with Sexual Assault on a child, or any of sex crime in Colorado, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.