Recently, a Fort Collins elementary school teacher was arrested and accused Sexual Assault on a Child – Pattern and Sexual Assault on a Child by One in a Position of Trust. He is currently begin held in the Larimer County Jail waiting to see a judge, who will set his bond and enter a protection order forbidding any contact with the victim and any person under the age of 18. According to the news report, the abuse allegedly occurred between 2001 and 2006, which is why he was charged with the Sexual Assault on a Child – Pattern of Abuse. Let’s take a look at the Sexual Assault on a Child statute and the Position of Trust and Pattern language that aggravates these charges.
Larimer County Sexual Assault on a Child Lawyer: What is the Definition of Sexual Assault on a Child – Pattern of Abuse?
The Colorado law definition of Sexual Assault on a Child – C.R.S. 18-3-405 – is:
Sexual Assault on a Child can be charged as a class 4 or class 3 felony. This is where the “pattern of abuse” language comes in. “Pattern of sexual abuse” is defined as:
When the Sexual Assault on a Child is labeled a pattern of sexual abuse, it will be charged as the harsher class 3 felony in Larimer, Boulder, and Grand County.
Fort Collins Sexual Assault on a Child by One in a Position of Trust Lawyer: What is the Definition of Position of Trust?
The Colorado law definition of Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3 – is:
Position of Trust includes:
While it was not revealed the nature of the relationship between the man and his alleged victim, it is known that they are related. Based on the definition above, the victim could be his own child or any juvenile relative as long as he was responsible for their welfare at some point. On this count, he is also most likely facing a class 3 felony, as the victim was less than 15 years old and the pattern language can apply in this charge as well. The teacher is facing potential indeterminate prison (DOC) sentences for the sex crime charges he is facing.