Sexual assault of a child may be one of the most common and prosecutable sex crimes in Colorado Springs. Aggravated sexual assault of a child is a felony punishable by up to 10 years in prison a $10,000 fine, and mandatory lifetime registration as a sex offender.
SEXUAL ASSAULT ON A CHILD DEFENSE LAWYER
Sexual assault on a child requires the state to prove that the accused knowingly and intentionally engaged in sexual acts with a child. Child sexual assault is a criminal offense, and the state does not have to “prove” that the sexual encounter was non-consensual.
This can lead to strange results, especially when one considers there’s no statute of limitations for prosecuting sexual assault charges against children under 18. The age of consent for child sexual performance is different from sexual assault and, therefore, a duplication of sexual assault and indecency of children.
Exposing a child to adult sexual activity or sexualised speech is also sexual abuse, and this can be as simple as showing children pornography or creating child pornography. Sexual abuse can also include non-contact sexual acts, such as touching, touching and touching the genitals.
After a conviction for sexual assault, treatment and counseling of sex offenders is usually a standard part of a criminal’s sentence. While it should be certain that sex offenders should not be arrested for their sexual attraction to children, they should also be assured that their treatment or counselling following a conviction for sexual assault is usually a standard sentence of punishment. According to this study, the number of sexual assault on a child cases are rising in Colorado.
Children who have been sexually abused are also part of a network of abuses that spend the child on sexual exploitation, sometimes for sexual purposes. Sexual abuse of children occurs by doing or sharing what is sometimes called child pornography, or by having adult sex with a child (commonly referred to as grooming). Child sexual abuse by adults during sex or sexual contact is a common form of child abuse in which children frequently touch the intimate areas or are made to touch someone else. Sexualised children become child molesters, and some of them sexually abuse children as adults, while others may turn to prostitution as teenagers.
The majority of people who sexually abuse children are attracted to adults, although there is no evidence that child sexual abusers are attracted exclusively to children. Moreover, many children and adults who experience an unhealthy sexual attraction to children are discouraged from committing sexual abuse. Although there is some evidence of a small number of child abusers being “exclusively” attracted to a child, the majority, if not all, of those who sexually abuse children have been attracted to adults. Until now, there has been no research on the link between child sexual abuse and sexual exploitation.
COLORADO SEXUAL ASSAULT ON A CHILD
COLORADO STATUTES C.R.S. 18-3-405
(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.
(2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if:
(a) The actor applies force against the victim in order to accomplish or facilitate sexual contact;
Colorado Sex Crimes Lawyer McClintock comments: If the District Attorney alleges there was force against a victim under 15 years of age this is also another circumstance where a mandatory prison sentence applies if convicted.
or
(b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or
(c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or
(d) 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 must 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).
Comment from Criminal Lawyer McClintock: Simply this means that the Prosecution is claiming that the act occurred more than once. In addition, if you are found guilty of Pattern of Abuse this conviction carries with it a mandatory prison sentence, up to the remainder of your natural life. This includes touching over the clothes; it does not differentiate between full intercourse and touching cases.
(3) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.
Attorney McClintock comments: These are mandatory lifetime Sex offender registry cases if convicted and you will never be able to remove yourself from the registry. Section 18-1.3-406 regulates the Crime of Violence Statue and also carries with it a mandatory prison sentence upon conviction.
Many cases of child sexual abuse go unreported because children are afraid or ashamed to tell because it is simply too difficult.
Unfortunately, many people feel that talking about childhood sexual abuse is taboo, even though we all know that it happened and that it is not. We know it was a crime.
Thinking about child sexual abuse, let alone talking to a child about it, may be so difficult that children make false accusations of sexual abuse.
When studies reveal this, they show that most victims of sexual abuse only reveal their abuse to their parents, and only after the abuse has been disclosed to professional experts.
It is common for children and adult victims of sexual assault to wait a long time before telling anyone about the abuse, and even longer than adults.
If an offender intends to sexually abuse a child, he must determine the time and place of the sexual abuse of the child. Child sexual abuse can be a gradual process in which adults test the boundaries of children by using physical, verbal, sexual, emotional and other forms of abuse to exploit them.
When someone sexually harasses an adult, they are not targeting the adult, but children, in order to sexually molest children.
In addition, someone may also target adults who attempt to sexually harass them, or children as a means of sexually assaulting adults, for example through sexual harassment.