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Sexual Assault is a serious felony charge in Fort Collins and Larimer County. However, when the alleged victim is considered at-risk, the charge becomes even more serious. Recently, a contract driver who worked for a company specifically tasked with driving disabled individuals was charged with Sexual Assault on an At-Risk Adult. According to the report, the driver used a band-aid to cover the camera that records the inside of the van while in use. The woman who made the complaint was the one being transported during the time the camera was covered. She claimed that she was sexually assaulted while in the van. The camera was later uncovered by the driver, which law enforcement believes proves there was intent to hide what happened during that period of time.
Larimer County Sexual Assault on an At-Risk Adult Lawyer: What is an At-Risk Person in Colorado
Under C.R.S. 18-6.5-103, there are many different crimes that can be charged when the alleged victim is considered at-risk. An important term to understand in this statute is ‘at-risk adult.’ Colorado law defines ‘at-risk adult’ as:
‘Person with a disability’ means any person who:
(b) Is unable to walk, see, hear, or speak;
(c) Is unable to breathe without mechanical assistance;
(d) Is a person with an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S.;
(e) Is a person with a mental health disorder as the term is defined in section 27-65-102 (11.5);
(f) Is mentally impaired as the term is defined in section 24-34-501 (1.3)(b)(II), C.R.S.;
(g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.; or
(h) Is receiving care and treatment for a developmental disability under article 10.5 of title 27, C.R.S.
While it wasn’t disclosed why the woman was considered disabled, she must meet one of the criteria outlined above.
What is Sexual Assault At-Risk Adult in Loveland and Estes Park?
In Fort Collins, Loveland, Estes Park and across Colorado, Sexual Assault on At-Risk Persons – C.R.S. 18-6.5-103(7) – is defined as:
(b) Any person who commits a crime of sexual assault in the second degree, as such crime was described in section 18-3-403, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 3 felony.
You must understand the definition of Sexual Assault – C.R.S. 18-3-402 – which 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.
Again, no real details were provided in the article, but the allegation likely relates to the woman not consenting to the contact in some manner.
If you or someone you love has been charged with any crime against an at-risk adult, especially Sexual Assault, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Jakub Pabis