Our culture sends wildly mixed messages: The entertainment and music industries are constantly sending an overly sexualized message. You can’t go to the grocery store or listen to the radio without seeing a risqué magazine cover or hearing an overtly sexual song. At the same time, the government in Colorado treats sex crimes much harsher than other offenses – with indeterminate sentencing, sex offender registration and sex offender treatment. A person convicted of a sex offense will face serious consequences in Larimer County. This creates a culture saturated by sex, which then punishes citizens severely for even a slight offense. One of these offenses is Unlawful Sexual Contact – C.R.S. 18-3-404, which is often charged against good people who make one mistake.
What are Unlawful Sexual Contact Charges?
You will face Unlawful Sexual Contact charges if you touch a person’s intimate parts without their consent. “Intimate parts” is defined as external genitalia, a butt, breasts or pubic area. It is important to understand this contact can be over clothing as well.
An Example of Unlawful Sexual Contact in Fort Collins
We’ll use an example to explain how easy it is to be charged with Unlawful Sexual Contact. A group of students from Colorado State University are gathered at a bar in old Fort Collins after a long week of finals. Spirits are high and drinks are flowing freely. After a few too many beers, a male student asks a young woman to dance with him. Both have been drinking. While on the dance floor, the man grabs the woman’s butt – just for a moment – as they dance. The next morning, the girl’s friend jokingly mentions the event to the young woman, who is instantly embarrassed and decides to call the Fort Collins Police and press charges to save face. Suddenly, it is her word against his, that the split second he touched her was not consensual. Should we ask permission before any physical contact?
The Consequences of an Unlawful Sexual Contact Conviction
Unfortunately, there isn’t any physical evidence in cases like this. Unlawful Sexual Contact is a class 1 misdemeanor in Loveland, Windsor and Berthoud. If the young student is convicted, he could face up to 24 months in the Larimer County Jail. The most serious consequence of this crime, however, is that it is a sex offense. Any person convicted of a sex offense in Colorado is required:
- Register as a sex offender
- Undergo sex offender treatment
Being a registered sex offender isn’t good for a young student’s future. It can be difficult to get a job, and it is unbelievably difficult to abide by the rules of sex offender registration. Sex offender treatment is overseen by the Sex Offender Management Board (SOMB), which operates under the belief that every sex offender (regardless of the offense committed) is “dangerous” and “cannot be cured.” Regardless of the setting (i.e. drinking and dancing in a public bar), their standards and guidelines state that the actions of sex offenders are “covert, deceptive and secretive.” This one-size-fits all standard does absolutely no good to the people they are treating. The young student who made an understandable mistake will be treated the same in treatment as a serial rapist. This is unjust and ineffective.
Why You Need an Experienced Sex Crimes Defense Attorney
The CSU student does not deserve to have his future destroyed over the embarrassment of his fellow student. One mistake made after drinking a bit too much shouldn’t define his future. Here at the O’Malley Law Office, we have over 25 years of experience fighting for good people like the young student, who have made mistakes. We fight to get cases dismissed before they go to trial, or work on favorable plea deals which won’t result in sex offender registration and treatment. Don’t put your future in the hands of an inexperienced lawyer or tired public defender.