Sexual Assault on a Child Attorney in Fort Collins
Is it Sex Assault When the Victim Brags About the Encounter? 

An art teacher has been charged with Sexual Assault on a Child by One in a Position of Trust after having sex with a 17 year old student and he bragged about it.

As an adult, having sexual contact with a minor often results in Sexual Assault on a Child charges in Fort Collins and Larimer County. But, when we think of Sexual Assault, we imagine a victim who truly feels victimized by the sexual encounter. That was not the situation for the victims involved in a recent teacher’s criminal case. An art teacher was accused of having sex with students in her home after the boys bragged about the encounters. School officials were alerted and the teacher was arrested, but only charged for one of the boys, as he was the only one under 18. If this had occurred in Larimer County, the teacher would be facing Sexual Assault on a Child by One in a Position of Trust, because of her role as the boy’s teacher.  

Larimer County Sexual Assault on a Child by One in a Position of Trust Definition 

The Larimer, Grand, and Boulder County, Colorado law definition of Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3 – is: 

Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.

In the case above, the teacher would only face charges because of her position of trust. If she was not the teen’s teacher, then Sexual Assault charges would not apply. The boy may have been 17 years and 364 days old, yet that one day is vital as, under Colorado law, it decides his ability to consent.  

Sentence for Sexual Assault on a Child in Loveland and Estes Park 

In Fort Collins, Loveland, and Estes Park, Sexual Assault on a Child by One in a Position of Trust is a class 4 felony, as long as the victim is at least 15 and there were not multiple sexual encounters.  

If you or someone you love has been charged with Sexual Assault on a Child, 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. Together, we can protect your future.  

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