There are many different circumstances that can result in a criminal charge of Sexual Assault in Fort Collins and Larimer County. One of those situations is having sexual contact with a person who is legally detained. Even if both parties are adults, an inmate or some who has been sentenced or order to a facility legally cannot consent to sexual contact with someone supervising or working for the facility. A female substance abuse counselor recently plead guilty to this crime after admitting to having sex with two men in custody at her facility. While the men maintained that they were not victims and consented to the contact, their respective roles as inmate / detainee and Department of Correction employee meant that they were not able to consent.
Larimer County Sexual Assault Lawyer: Definition of Sexual Assault on Detainees in Boulder
The Larimer and Boulder County, Colorado law definition of Sexual Assault as it pertains to sexual contact with an inmate – C.R.S. 18-3-402(1)(f) – is:
(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;
Usually, the simple fact that the employee holds a position of power or authority over the detainee is enough to meet the standard of coercion.
Sentence for Sexual Assault on an Inmate in Loveland and Estes Park
As long as no allegations of physical force or violence exist, then a Sexual Assault charge under subsection (f) is a class 4 felony sex offense. This level felony is punishable by an indeterminate sentence to the Colorado Department of Corrections. The minimum for this crime is 2 years and the maximum is life. A conviction will also require registering as a sex offender.
If you or someone you love has been charged with, arrested for, or accused of Sexual Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to set up a free consultation or schedule a jail visit. Together, we can protect your future.
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