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Denver Sexual Assault on a Child by One in a Position of Trust: An Ex-Teacher and Three Teen Boys

Posted by Terry O'Malley | Jun 15, 2015 | 0 Comments

It seems that nearly every week there is a new story about a sexual relationship between a teacher and a student. In fact, just the other day I came across a story about an ex-teacher having sexual relationships with three teen males. One boy was 16 years old, while the other two males were 17 years of age. The teacher was 35 years old. Apparently, the school knew about the sexual relationships, but did not effectively protect the students involved. If this teacher was suspected of sexual contact with minors in Arapahoe County or anywhere else in Colorado, she would face charges of Sexual Assault on a Child by One in a Position of Trust.

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Sexual Assault on a Child by One in a Position of Trust in Colorado

The definition of Sexual Assault on a Child by A Person in a Position of Trust, C.R.S 18-3-405.3 in Adams and Jefferson County is:

“Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.”

When reading this definition, you may be wondering what a person in a position of trust looks like in Douglas County. According to C.R.S 18-3-401, one in a “position of trust” includes, but is not limited to:

“any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.”

The woman would be considered a person with a duty or responsibility for the education of a child because she is a teacher, so she qualifies as a person in a position of trust. And, the boys that she was accused of having sex with were under 18 years of age, which makes it likely that she would face Sexual Assault on a Child by a Person in a Position of Trust charges.

Denver Consequences for Sexual Assault on a Child by One in a Trusted Position

Sexual assault on a child by a person of trust is a class 3 felony if the victim is less than fifteen years of age, or if the actor commits the offense as part of a pattern of sexual abuse. This sex crime is a class 4 felony if a victim is fifteen years of age or older but less than eighteen years of age and the offense is not committed as part of a pattern of sexual abuse. A class 4 felony results in a prison sentence of 2-6 years and a fine between $2,000 and $500,000. If the teacher was having sex with the same student two or more times, that would be considered a pattern of sexual abuse and she would face 4-12 years in the Colorado Department of Corrections for a class 3 felony. A mandatory prison sentence would then apply.

Why You Need the Best Denver Sex Crime Defense Lawyers

False accusations can be common in sexual assault cases, especially if kids are involved. Sometimes children make up stories to get revenge or to get attention, which can jeopardize your reputation. It is important for you to contact an experienced criminal defense attorney if facing sexual assault accusations. The attorneys at the O'Malley Law Office have over 40 years of combined courtroom experience, and we genuinely care for the outcome of your case.

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If you or a loved one has been accused or charged with Sexual Assault on a Child by One in a Position of Trust, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – Hermann

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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