Sexual Assault On A Child, Position Of Trust
Falsely Accused Of Sexual Assault On A Child By One In A Position Of Trust – Arapahoe County?
While Sexual Assault on a Child charges are extremely serious, this charge can be made more serious by adding an allegation of the Position of Trust. With the “POT” designation, prison is mandatory upon conviction if the child is under fifteen years old, and probation is not possible. If the child is fifteen to eighteen years old, indeterminate prison or probation remains a possibility in Douglas, Jefferson and Arapahoe County. With stakes this high, you need an experienced criminal defense lawyer who understands False Allegations.
What Is Denver Position Of Trust – Sexual Assault?
Any position where a child is placed in the care of an adult in Denver, Adams or Broomfield County, is likely one of trust. Examples include babysitter, stepparent, teacher, pastor, counselor, doctor and parent of a child’s friend. The legislature has decided that when entrusted with the care of a child, people should be especially accountable for their conduct. Most frequently, charges involving Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3, arise in less formal circumstances like babysitting or when the friend of a child sleeps over.
A Pattern Of Sexual Abuse Elevates Sexual Assault Charges In Adams County
“Pattern” charges arise in Adams County when there are allegations of sexual contact, however slight, more than one time with the same victim. If a child (someone under eighteen years old) alleges the sexual contact occurred more than one time, you will likely be charged with this mandatory prison count as a class three felony (F3). Note that this “Pattern” charge can arise with a Position of Trust claim or a straight Sexual Assault on a Child claim.
Age Defense To Sexual Assault On A Child In Jefferson County? Reasonableness Is The Standard To Over Eighteen Years Old Defense.
Since age matters so much in determining whether a person is charged with Sexual Assault on a Child, a/k/a child molestation, or a mandatory prison class 3 felony, you should know that under C.R.S. 18-1-503.5, there is an affirmative defense if the person accused reasonably believed the child to be eighteen years old and they actually were at least fifteen years old. The belief must be reasonable, so police will try and question you concerning the “unreasonableness” of your belief. The only exception to this rule is with the Position of Trust cases, where it cannot be used. Read more particularly, this defense is not available for use if the child in actuality was 14 years old or younger. Never discuss this defense with the police or over the phone with anyone.
Free Attorney Meeting and Consultation: Everything To Gain, Nothing To Lose
We have told callers they have everything to gain and nothing to lose by coming in for a free initial consultation with a defense attorney. We want a chance to meet you in person. Why would anyone make a life-altering decision over the phone alone? We know that you are entrusting us with your life and likely the lives of your children. Come and meet with us for free and discuss defenses and the legal implications of charges of Sexual Assault on a Child in Castle Rock, Parker and Aurora.
Never Speak with the Accusing Child, Their Parent or Police – Pretext Calls Are Common
Police are using pretext calls more often. This involves the child or their parent calling to confront you or to “innocently” ask you questions over the phone. Caller Id is manipulated by police to indicate the caller is at home in Littleton, Lakewood or Arvada, or on their mobile. In reality, the person is on a recorded line at the police station. Police feed questions and strategy to the caller as the conversation progresses. This tool is very effective at getting admissions and incriminating statements useful against our clients. Never speak to the police, a child, or the relative of a child about allegations of sexual contact/misconduct in person or over the phone.
We are full-time criminal defense attorneys devoted to proving your innocence to Sexual Assault on a Child Charges. If contacted by police or anyone else about Position of Trust or Pattern Sexual Assault on a Child allegations, be smart, exercise your constitutional right to remain silent, and call O'Malley and Sawyer, LLC, at 303-731-0719. Together, we can protect your future.