I recently read an article about a Texas teacher who had sexual relationships with two of her students, yet because of their age (17), she will not have to register as a sex offender. Apparently, this is because the boys were at the legal age of consent. While the relationship was illegal due to the teacher’s position of trust, she is not considered a sex offender. She will still have 2 felony counts on her record, meaning she will not be able to teach anymore nor will she find it easy to get another job, but her name will not be included on the registry. This brings up issues related to Colorado’s statutes involving position of trust and age of consent. Let’s look at these Greeley laws and the inconsistencies involved in age of consent depending on the charge.
Weld County Sexual Assault on a Child – Position of Trust Attorney: What Is the Age of Consent in Colorado?
According to Colorado law, age of consent is not a standard number in Weld, Morgan, and Logan County. It depends on the nature of the relationship between the two parties as well as the age difference. Under the Sexual Assault on a Child statute – C.R.S. 18-3-405 – the victim must be under the age of 15 and the accused must be at least 4 years older. Meaning a 15-year-old can consent to sexual contact. However, that changes if the accused is in a position of trust (C.R.S. 18-3-405.3) in relation to the victim. Then, the victim just has to be less than 18 years old, and they can be successfully prosecuted. Under the Sexual Assault statute – C.R.S. 18-3-402 – there is yet another age constraint. If the victim is 15, 16, or 17 years old AND the accused is 10 or more years older, this crime can be charged without the Position of Trust. Also, any of the three charges require sex offender registration. In Colorado, you cannot be convicted of having an inappropriate sexual relationship, yet not have to register as a sex offender like the teacher above.
Greeley Sexual Assault and Age of Consent: When Does Sexual Contact Become Criminal?
So, let’s try to better understand these age constraints with some real-world examples in Greeley, Erie, and Evans.
Sexual Assault on a Child:
- A 14-year-old girl has sex with a 17-year-old boy – no charges
- A 14-year-old girl has sex with an 18-year-old boy – Sexual Assault on a Child charges
Sexual Assault:
- A 16-year-old girl has sex with a 25-year-old boy – no charges
- A 16-year-old girl has sex with a 26-year-old boy – Sexual Assault charges
Now, these two are especially concerning seeing as even a day in age can make a difference. Take the first example set: a 14-year-old high school freshman starts dating a 17-year-old senior. This is not an uncommon occurrence. Their relationship becomes intimate. Months later, the boy celebrates his 18th birthday. Now, their intimate relationship is criminal and he can be charged with Sexual Assault on a Child? Mind you, it does not matter the type of sexual contact between the two. With the Sexual Assault on a Child charge, even touching over the clothes can be considered sexual contact. When talking about adult sex with kids, you do not need to have sexual intrusion or penetration. Mere touch is enough. It just doesn’t seem to make sense that in certain situations, a 14, 15, 16 or 17-year-old can consent and in others, they simply cannot and become victims.
Sexual Assault on a Child by One in a Position of Trust:
- A 17-year-old boy has sex with a 24-year-old girl – no charges
- A 17-year-old boy has sex with a 24-year-old teacher – Sexual Assault on a Child by One in a Position of Trust
The position of trust is considered an important responsibility and therefore those who hold these positions have a greater responsibility to the children in their lives. It is seen as an abuse of power to have any type of sexual contact with a person or child they are in a position of trust over.
If you or someone you love has been charged with Sexual Assault, Sexual Assault on a Child, or Sexual Assault on a Child by One in a Position of Trust, be smart, exercise your right to remain silent, and contact the best Greeley Sexual Assault criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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