Sexual Assault on a Child in Fort Collins, Colorado: No Physical Evidence Needed

No physical evidence is needed in Sexual Assault cases in Colorado.

As a criminal defense lawyer in Larimer County, I see cases where people have been falsely accused all the time. We have done Sexual Assault on a Child – C.R.S. 18-3-405 trials where enormous amounts of time and taxpayer’s money were wasted simply because a child made an accusation. People’s lives are in the balance, and they end up spent thousands on their defense. Children are becoming more sexually aware at a much younger age because of our media and culture in Fort Collins, Loveland and Estes Park, and often they make accusations for attention or manipulative reasons.

Sexual Assault on a Child: Doesn’t Require Physical Evidence

Even very young children can make false accusations. I know it’s hard to believe, but an adult putting an idea in the child’s head can result in all kinds of accusations. Kids will say things to get out of trouble or even because it’s what they think their parent wants to hear. And it doesn’t matter that there is no evidence to support the accusation.

District Attorneys and Police Prosecute Cases with No Evidence

We are often asked: “Why do DAs and the police prosecute cases when there is no evidence?” Whenever we answer this question, we like to point out that the justice system is a business. District attorneys like to win cases – they want the experience in front of a jury. They want to protect those innocent “victims” of sex crimes and look like the hero. They crave admiration from a promotion from their boss. The police feel the same – if they help arrest a person who is convicted of Sexual Assault on a Child, they look like they are tough on crime for getting a “perp” off the street. They don’t care that a young man’s life could have been ruined forever. Sexual Assault on a Child convictions are subject to indeterminate sentencing, which means he would face a lifetime in prison if convicted. He would have been a registered sex offender for the rest of his life, and would have had to undergo invasive sex offender treatment (even though he wasn’t a sex offender). His life would have been ruined. Here at the O’Malley Law Office, we fear there are many innocent men in the Colorado Department of Corrections. Convictions for sex offenses when there is no evidence is common in Fort Collins, Loveland and Estes Park. All it takes is for the accusations of a child.


If you or a loved one has been accused of Sexual Assault on a Child in Larimer County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007. Together, we can protect your future.

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