Unlawful Sex Contact is charged in Fort Collins and Larimer County when a person is accused of having sexual contact with another without their consent. A Boulder nurse recently plead guilty to this crime after a patient made a complaint about his actions. According to the report, the patient had needed to be changed and the male nurse was the one to attend to her. The patient reported that while he was cleaning her private parts, it took longer than expected. When she told him that it was enough, he continued to touch her. She reported the incident and the nurse was arrested and charged with Unlawful Sexual Contact. He was sentenced to work release and probation.
Fort Collins Unlawful Sex Contact Attorney: Definition of Unlawful Sexual Contact in Larimer County
The 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(e) Repealed.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.
Based on the information provided, the nurse was likely charged under subsection (g). However, he also could have been charged under subsection (a) because after the patient told him to stop, he didn’t, which means it was clear the victim didn’t consent to the contact.
Sentence for Unlawful Sex Contact in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Unlawful Sexual Contact is a class 1 misdemeanor extraordinary risk crime, which means it is subject to an extended sentencing range. A conviction of this crime also requires registering as a sex offender for a minimum period of time.