Let’s talk about juvenile Sexual Assault and Sexual Assault on a Child charges. Did you know that a child can be charged with Sexual Assault on a Child? Let’s look at these two statutes and the way the law is applied in different cases.
Larimer County Juvenile Sexual Assault on a Child Lawyer: What is the Definition of Sexual Assault on a Child?
The Colorado law definition of C.R.S. 18-3-405 – Sexual Assault on a Child – is:
Based on the definition above, the age of the accused is not important – only the age of the victim and the age difference between the victim and accused. A 14-year-old could be charged with this crime if he was accused of having ANY sexual contact with a 9-year-old, even just a touch. We have even seen cases where a 10-year-old is charged with Sexual Assault on a Child for touching a younger sibling. The four-year age difference is the key in these types of cases. There is an automatic ‘no consent’ applied when the four-year age difference pertains. A child cannot consent to sex with someone more than four years older than them.
Fort Collins Sexual Assault Lawyer: What is the Definition of Sexual Assault?
The Colorado law definition of Sexual Assault in Fort Collins, Loveland, and Estes Park – C.R.S. 18-3-402 – is:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
If a juvenile is accused of committing sexual intrusion or penetration on another and the ‘victim’ is older than 15 years old or within the 4-year age difference, than Sexual Assault may be the resulting charge. This means that if a 13 year old girl claims she was raped by a 14 year old boy, than the boy would be facing Sexual Assault charges because the two are only 1 year apart. Whereas with Sexual Assault on a Child age is really the only factor and the lack of consent is automatically assumed, with Sexual Assault the lack of consent is the major focus.
Now, the age difference provided in part (e) offers some sort of protection for teenagers and young adults. High schools are full of students ranging in ages from about 13 to 19 years old. Say a 15-year-old sophomore starts dating a 17-year-old senior. The ten year age difference rule that is written into the statute would allow the two to continue dating, even after the senior turns 18. Without it, we would see 18 year olds being charged with a felony for dating 17 year olds, which would be a gross miscarriage of justice.
Larimer County Unlawful Sexual Contact Lawyer: How Does Unlawful Sexual Contact Fit In?
In both juvenile and adult cases, a person can be charged with either Sexual Assault or Unlawful Sexual Contact depending on the type of sexual acts that were performed. However, when the victim is less than 15 and four-year age gap plays a part in the charging, Sexual Assault on a Child is charged, no matter what type of sexual contact is alleged. For example, if a 14-year-old girl accuses a 17-year-old boy of grabbing her breast without her consent, the boy would most likely be facing an Unlawful Sexual Contact charge – a misdemeanor in Larimer, Boulder, and Grand County. On the other hand, if a 13-year-old girl accuses a 17-year-old boy of committing the same act, that boy will be facing the felony charge of Sexual Assault on a Child. In cases like these, age makes such a difference. Investigating agencies like the Fort Collins Police or Larimer County Sheriff will calculate age differences down to the day to be exact in knowing if the four-year age difference can apply.
If your child is facing charges for Sexual Assault on a Child, Sexual Assault, or Unlawful Sexual Contact, be smart, exercise your child’s right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your child’s future.
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