Just like with most sex offenses in Larimer County, Colorado, there are many different actions that can result in an Unlawful Sexual Contact charge. One of those actions is related to having sexual contact with a person who is incarcerated. A Weld County Jail deputy was recently arrested and charged with four counts of Unlawful Sexual Contact after he was seen repeatedly going into the bathroom with an inmate. According to the report, surveillance video was used to watch the deputy and the inmate go into the bathroom together multiple times. When interviewed, the inmate admitted she performed oral sex on the deputy. The deputy did not admit to anything, but between the video and statements from the inmate, he was arrested and charged.
Fort Collins Unlawful Sex Contact Attorney: Definition of Unlawful Sexual Contact
The Fort Collins, Larimer County, Colorado law definition of Unlawful Sexual Contact – C.R.S. 18-3-404 – is:
(a) The actor knows that 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 victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or
(d) The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission; or
(e) Repealed.
(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, unless incident to a lawful search, to coerce the victim to submit; or
(g) The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.
According to Colorado law, “sexual contact” means:
(b) The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; or
(c) Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact with semen, blood, urine, feces, or a bodily substance is for the purpose of sexual arousal, gratification, or abuse.
Subsection (f) is what would apply in this case. In cases like the one above, it really doesn’t matter if the inmate says the contact was consensual. The fact that the contact occurred between a jail deputy and inmate there is an assumption that the deputy’s authority played a role in the inmate’s willingness to participate. An interesting point in this particular case is that the deputy was charged with Unlawful Sex Contact and not Sexual Assault, even though the inmate claimed oral sex was involved. There is a very similar subsection regarding a person in custody and a law enforcement agent, the only difference is the type of contact. Sex, including oral sex, usually falls under the Sexual Assault statute. There is no explanation as to why the deputy was only charged with the misdemeanor Unlawful Sex Contact instead of the felony Sexual assault.
If you or someone you love has been charged with Unlawful Sex Contact, 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 your free initial consultation. Together, we can protect your future.
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