Sexual Assault On A Child By One In A Position Of Trust

 

Defending Allegations of Sex Crimes by a Trusted Person

Parents and Step Parents who are accused of sexually assaulting their children are charged under this statute.  The requirements of this law are similar to sexual assault on a child but adds the element of being in a position of trust.

This charge carries all the possible negative consequences of sexual assault on a child and more, because the person in a position of trust has a higher duty of care to the child.

When a parent entrusts a minor child to another person to care for, and that person sexually assaults the child, he or she can be charged with sexual assault by one in a position of trust.

Easy to Make, Difficult to Prove

These types of accusations are easy to make but difficult to prove. At McClintock Criminal Defense, P.C. in Colorado Springs, Colorado, Attorney McClintock has successfully represented many clients facing these charges, including:

  • Teachers
  • Daycare workers
  • Babysitters
  • Family members
  • Parents of the child’s friends
  • Neighbors
  • Sunday school teachers

A person in a position of trust is someone whom the parent has given the power to control the child. To be convicted of this crime, the accused must have been in a position of trust at the time the alleged assault occurred.

If a teacher has sex with a student during summer break, for example, he or she would likely be charged with sexual assault on a child rather than sexual assault by one in a position of trust.

An Epidemic of False Allegations

At McClintock Criminal Defense, P.C., we are skilled in talking to children in a way that shows the inconsistencies in their stories and creates doubt in the mind of jurors. We also know that false allegations are common among children and can become epidemic. In one case, we found several girls in one school who wrote in their journals that they planned to make false allegations of sexual assault by their stepfathers.

We understand how devastating these charges can be and our lawyers know how to help. Please contact us to discuss your case. The initial consultation is free of charge.

Following are the latest revised statutes for this criminal charge:

Colorado Statute §  18-3-405.3  Sexual Assault On A Child By One In A Position Of Trust

(1) 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.

(2) Sexual assault on a child by one in a position of trust is a class 3 felony if:

(a) The victim is less than fifteen years of age; or

(b) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time need be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401 (1) (a), C.R.S., concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5).

(3) Sexual assault on a child by one in a position of trust is a class 4 felony if the 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, as described in paragraph (b) of subsection (2) of this section.

(4) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraph (b) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(5) A person who is convicted on or after July 1, 2013, of sexual assault on a child by one in a position of trust under this section, upon conviction, shall be advised by the court that the person has no right:

(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;

(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;

(c) Of inheritance from a child conceived as a result of the commission of that offense; and

(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.

Colorado Springs Lawyer Ted McClintock comments regarding this criminal charge:  Pattern of abuse that requires there is more than one occurrence of an assault requires mandatory prison of at least 8 Years to life.  Beginning in 2013 this offense also strips parent of nearly all rights if a child was conceived during the offense.  If convicted, this charge requires lifetime registration as a sex offender.