WHAT ARE THE ELEMENTS OF SEXUAL ASSAULT ON A CHILD IN COLORADO?
In Colorado, you commit sexual assault on a child when you subject a child, other than your spouse, to sexual contact.
To be convicted of sexual assault on a child, the prosecutor must prove:
You knowingly subjected someone to sexual contact;
That the other person was less than 15 years old; and
That you were more than four years older than her.
In short, the sexual assault on a child statute makes it a crime for an adult to have sexual contact with a child. Sexual assault on a child is the type of crime that requires the imposition of an indeterminate sentence.
WHAT ARE SOME EXAMPLES OF SEXUAL ASSAULT ON A CHILD
Example 1: A 19-year-old college sophomore is visiting his hometown for the weekend. He goes to a high school party and hooks up with a 14-year-old high school freshman. While they are hooking up, he touches her butt and her breasts.
Example 2: A father lets his 12-year-old daughter have a slumber party with two of her friends. After the girls go to sleep, he stays awake and watches a movie in the living room. A short while later, one of the girls comes out to the living room and sits next to the father on the couch. The girl starts kissing the father and he touches her vagina over her pants.
WHAT ARE SOME OFFENSES RELATED TO SEXUAL ASSAULT ON A CHILD
Sexual Assault – Colorado Criminal Code – C.R.S. § 18-3-402
ARE THERE DIFFERENT TYPES OF SEXUAL ASSAULT ON A CHILD CHARGES IN COLORADO?
There are many different way a prosecutor can charge sexual assault on a child in Colorado. The essential elements of the crime require sexual contact between an adult and a child who is four years younger then him and under the age of 15.
Sexual assault on a child is typically a class four felony, but it can be charged as a class three felony if:
The defendant applied force against the victim;
The defendant threatened death, retaliation, or serious bodily injury;
The defendant subjects the victim to a pattern of a sexual abuse
WHAT ARE THE PENALTIES FOR SEXUAL ASSAULT ON A CHILD
A conviction for the class 4 felony of sexual assault on a child requires the imposition of an indeterminate sentence. If a person receives an indeterminate probation sentence it will be for a period of ten years. If a person is sentenced to prison, he will receive an indeterminate sentence of between 2-6 years, up to the rest of his life.
If a person is convicted of the class three felony of sexual assault on a child, he will be sentenced to prison for an indeterminate length of time between 8-24 years, up to the rest of his life.
HOW DO I DEFEND MYSELF AGAINST CHARGES OF SEXUAL ASSAULT ON A CHILD
There are many ways to defend someone from charges of sexual assault on a child. Oftentimes, these kinds of charges are reported many days, months, or years after the alleged sexual assault occurred. In order to defend you, an experienced Colorado criminal defense attorney will:
Investigate your case. He will send his investigator to interview family members, friends, and any other witnesses who may have helpful information that could prove your innocence. He will also interview witnesses with information about any ulterior motives the accuser may have for reporting you to the police;
Subpoena documents relevant to the accuser’s allegations. He will subpoena the accuser’s social media information, email accounts, email messages, school records, counseling records, and potential medical records; and
Run a background check on the accuser, her social network, and any alleged witnesses;
Obtain DNA evidence to prove your innocence. Sometimes difficult cases are won by obtaining physical evidence and then testing it to prove an absence of DNA evidence.
Another defense to sexual assault on a child charges is denial. Marriage is a defense to sexual assault on a child. In order to qualify for this defense, the defendant must have been married to the child at the time the sexual contact occurred.
WHAT IS THE STATUTE OF LIMITATIONS FOR SEXUAL ASSAULT ON A CHILD
There is no statute of limitations for the crime of sexual assault on a child. C.R.S. § 16-5-401 is the law that contains the statutes of limitations for criminal charges in Colorado. Sexual crimes committed against children are some of the most serious charges that can be filed against you. Generally speaking, the legislature gives prosecutors more time to file more serious cases. Sexual assault on a child is such a serious crime that the legislature has granted prosecutors an unlimited amount of time to file those charges.
WILL I HAVE TO REGISTER AS A SEX OFFENDER IF I’M CONVICTED OF SEXUAL ASSAULT ON A CHILD?
You will have to register as a sex offender if you are convicted of sexual assault on a child. Depending on the number of charges filed against you, it is possible for you to be removed from the registry after a certain period of time has passed.
