We often have clients in Greeley who are accused of Sexual Assault, Sexual Assault on a Child, Aggravated Incest or Incest. They adamantly maintain their innocence, and with no physical evidence it becomes a case of one person’s word against another’s. While it is hard to imagine that someone would lie about something so serious, it does happen – and often. One father was facing Incest charges after his daughter claimed he had been sexually inappropriate with her for 6 years. The father adamantly reiterated that he did not do anything, but he had no real defense other than denial. After re-reading the interview with the daughter, the dad’s defense lawyer felt that the daughter’s use of words and phrases seemed beyond her years. That’s when the dad mentioned his daughter’s favorite book, Fifty Shades of Grey. The attorney found 17 examples from the girl’s interview that were practically right from the book. During trial, when presented with the passages from the book, the daughter admitted to lying about the allegations to punish her ‘strict’ father and to teach him a lesson. The father was acquitted of all charges.
Weld County Incest Lawyer: What is the Definition of Aggravated Incest?
If the case above had occurred in Greeley, Erie, or Evans, the father probably would have been facing Aggravated Incest charges, along with Sexual Assault on a Child – Position of Trust. The Colorado law definition of Aggravated Incest – C.R.S. 18-6-302 – is:
(a) Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, as defined in section 18-3-401, his or her natural child, stepchild, or child by adoption, but this paragraph (a) shall not apply when the person is legally married to the stepchild or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.
(b) Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, a descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood who is under ten years of age.
Because the dad’s biological daughter claimed he subjected her to sexual contact, and the daughter was under the age of 21, the father would be facing the Aggravated Incest charges.
Greeley Incest Lawyer: What is the Sentence / Punishment for Aggravated Incest?
As a class 3 felony in Weld, Morgan, and Logan County, Aggravated Incest is punishable by 10 to 32 years in the Colorado Department of Corrections. This is an extended range because Aggravated Incest is a considered a crime of violence and also an extraordinary risk crime, both designations harshening the potential sentence range. Can you imagine facing 32 years in prison for something you didn’t do? The father above is very lucky that his daughter used the easily identifiable premise of her favorite book to make up lies about him, otherwise, he could be in prison right now. Sadly, district attorneys frequently charge men with Incest and Sexual Assault merely on the word of a child – no evidence is necessary.
If you or someone you love is facing Aggravated Incest charges, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 immediately. Together, we can protect your future.
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