Sexual Exploitation of a Child – The Deck is Stacked Against You
Sexual Exploitation of a Child, C.R.S. 18-6-403, is a crime that has put many people behind bars who, in my opinion, should not be there. Why do I feel that way? It’s because in their zeal to appease the public and appear tough on crime, prosecutors, politicians, and judges are stacking the deck against the accused. They revise laws, bring charges without sufficient evidence, and bend rules in favor of the prosecution. We are told it is up to the prosecution to prove guilt beyond a reasonable doubt. But in reality, if a defendant does not prove his innocence, he or she will certainly be found guilty. We continue to see more new laws and court case rulings which will tighten the screws on the accused.
Causing, Arranging, Publishing, Possessing, or Permitting, Sexually Exploitive Material of Children
A person commits Sexual Exploitation of a Child in Adams or Arapahoe County or anywhere in Colorado when he or she knowingly allows or causes a child to participate in making sexually exploitive material. He or she can also be charged if they are in possession of, or in the control of the material. Police and prosecutors don’t try to figure out how it got there. If child pornography is found little effort is made in trying to find out if the accused person knew that the exploitive material was on the computer or other media. Police and prosecutors know the allegation itself carries most of the weight in today’s courtroom and the average juror in Denver, Arapahoe and Jefferson County will give the benefit of doubt to the government. Most jurors reason that the defendant wouldn’t be there unless he did something wrong.
When A Sex Crime is Doubtful in Douglas County – A Criminal Defense Attorney is Essential
There was a recent Colorado Court of Appeals case which came to my attention. It involves a man who used a hotel business computer and accidentally left a flash drive attached to the computer. The police said the flash drive was recovered by two anonymous men who turned it over to hotel security. The men told hotel security that they saw child pornography on the flash drive. There didn’t seem to be any contention that the flash drive belonged to the defendant. However, the flash drive was in the possession of at least other people before it was given to the police. The big question in my mind is how the jury was convinced beyond a reasonable doubt that someone else didn’t put the material there, or how they were convinced that the defendant knew child pornography was on the flash drive.
I do not know all the facts in this case so I cannot say the guilty verdict was wrong. However, I understand the importance of making sure every juror knows that the prosecution are the ones that must prove every element of a crime before deciding someone is guilty, and I strive to make that happen.
If you are charged with Sexual Exploitation of a Child in Colorado, Do not fight it alone, the stakes are too high. Be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.
Image Credit: Pixabay – gepharts3d