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

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

When someone in a position of trust is accused of sexual assault on a child in Colorado Springs, they will be charged under the statute section 18-3-405.3, Sexual assault on a child by one in a position of trust. The requirements of this statute are quite similar to Sexual Assault On A Child, but it has an additional element of being in a position of trust.

According to CRS 18-30405.3;

“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.”

The charges will carry all punishments under Sexual Assault On A Child and even more, due to the person of trust addition. Since the person involved in the crime is in a position of trust, he or she has a higher duty to care for the child.

When a parent entrusts the responsibility of his/her minor child to another person and that person sexually assaults the child, the individual could be charged with “sexual assault on a child by one in a position of trust.”

Pueblo, El Paso, Fremont, and Teller counties in Colorado always treat Sexual Assault On A Child as a serious offense. When the offense is committed by someone in a position of trust, the punishment is even harsher.

A conviction for such an offense may result in a mandatory prison term without the possibility of parole. It can also include intermediate sentencing or a sentence for a lifetime.

If you have been charged with such a crime, you need to contact the best criminal defense attorney in Colorado Springs, Pueblo and Canon City to argue your case and fight for your freedom.

What Really Is Sexual Assault On A Child?

When a person has sexual contact with a child below the age of fifteen years, he or she can be charged with Sexual Assault On A Child. The law becomes quite complex when it comes to sexual assault on children and the age of consent. For example, the age of consent is 15 years if the assaulting person is within ten years of age. But if the individual is in a position of trust towards the assaulted child, the age of consent is raised to 18 years.

The Meaning Of Position Of Trust

Colorado Revised Statute 18-3-401 defines the meaning of “position of trust.” Here is how it is described in the statute:

“One in a ‘position of trust’ includes but is not limited to, any individual 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 kid, including a guardian or another person otherwise responsible for the general supervision of a kid’s welfare, or an individual 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.”

In truth, an individual in a position of trust is someone to whom the child’s parent has given the power to control the kid. The accused should be in a position of trust at the time of the offense to be convicted of the crime.

If you are accused of sexual assault on a child by one in a position of trust, you will need the very best criminal attorney you can find. Your attorney should be able to go to bat for you, he or she will not be afraid to litigate your case or go to trial if necessary. Finally, your attorney should have years of experience successfully defending clients accused of sexual assault.

Contact Shimon Kohn today.

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