MISDEMEANOR SEXUAL ASSAULT, CHILD VICTIM
Misdemeanor Sexual Assault Child – Victim, C.R.S. 18-3-402
Sexual Assault in Denver, Jefferson and Broomfield County is normally a felony, plain and simple. C.R.S. 18-3-402. With that comes the possibility of a lifetime sentence under Colorado’s harsh Indeterminate Sentence scheme and lifetime parole. A unique, narrow exception to this general rule is that of sexual assault involving a child who is 15 or 16 years old. While this may seem hard to believe, it is true.
This narrow window to avoid a felony is premised on the child being 15 or 16 years old, and the adult being more than 10 years older than the child. Normally, consent of the child is irrelevant, since a child is not deemed capable of giving consent. But, in this case the sexual contact must be by consent or it falls within another provision of the law which governs forced sexual contact or penetration.
This misdemeanor Sexual Assault in Arapahoe, Adams and Douglas County also has the requirement that the adult not be in a position of trust with respect to the child victim. If the position of trust were present, it would be a matter of Sexual Assault on a Child – Position of Trust, C.R.S. 18-3-405.3, which is a serious felony and could be subject to the indeterminate sentencing laws.
Possible Penalties for this Misdemeanor Sex Offense
Any sex offense is serious, and this misdemeanor charge is no exception. A person convicted under this law could be required to serve up to twenty-four months in the county jail in Boulder, Weld or Larimer County. Additionally, registration as a sex offender is required. As a condition of probation, all courts will require sex offender treatment under the harsh Sex Offender Management Board standards. With this treatment, most providers will be reluctant to permit contact with children, even the offender’s own children. In some cases, we can request the court permit supervised contact. We have seen cases where defendants opt to serve a jail or prison sentence in order to avoid this difficult treatment.
If you or your family has been contacted by police concerning allegations of sexual assault involving a minor, be smart, exercise your right to remain silent, and call the experienced sexual assault lawyers at O’Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.