In Fort Collins and Larimer County, there are many different scenarios can that result in a Sexual Assault charge. One such scenario is having sex with someone who is physically helpless i.e., unconscious. A former nurse was recently charged with this crime after videos of him sexually assaulting unconscious patients were found on his phone. According to the report, someone reported seeing the nurse taking pictures of an unconscious patient’s private parts. Through an investigation and search warrant, multiple photos and videos were recovered from the nurse’s phone posing with unconscious patients and performing sexual acts on them. The nurse is currently in jail on a $1 million bond.
Sexual Assault Charges in Fort Collins: Definition of Sexual Assault on Unconscious Person in Colorado
The Fort Collins, Larimer County, Colorado law definition of Sexual Assault – C.R.S. 18-3-402 – is:
(a) The actor causes sexual intrusion or sexual penetration knowing the victim does not consent; 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.
Based on the information provided in the article, the nurse was likely charged under subsection (h). Someone being unconscious would be seen as physically helpless and therefore unable to consent. The article even mentioned that the nurse was the one who administered the medication to render the patients unconscious, but these drugs had not been prescribed by a physician nor were the dosages given logged in the patient’s records.
Sentence for Sexual Assault on an Unconscious Person in Loveland and Estes Park
Sexual Assault can be charged as a class 6, class 4, class 3, or class 2 felony depending on the subsection under which a person is charged. For the nurse above, a charge under subsection (h) is a class 3 felony. This level charge is subject to the indeterminate sentencing for sexual crimes, meaning a minimum imprisonment time is set, but the person can be kept for as long as parole decides to keep them – meaning they can spend the rest of their life in prison if deemed appropriate.
If you or someone you love has been charged with 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 schedule a free initial consultation today. Together, we can protect your future.
Photo by Anna Shvets