Have you been accused of Sexual Harassment in Greeley, Colorado? You might be facing a civil case or a criminal case. Understanding your sex crime in Colorado is important to your case and finding a defense attorney with experience fighting false allegations to defend you is critical. In Greeley, it is important to note that Sexual Harassment is normally a civil matter and not a crime unless it involves touching and the police have charged it as Unlawful Sexual Contact or another sex crime such as battery or assault. Recently a Colorado State University student, accused two fans of Sexual Harassment while she was a server in the luxury box at a game. She claimed that the defendants touched her inappropriately and made derogatory comments to her. When she reported the incident to her employer, she claims she was demoted while the fans were given a seat upgrade. The criminal aspect was not pursued by the prosecution and it remains a civil case. Read below to learn more about Sexual Harassment and Sex Crimes and how the O’Malley Law Office can help you.
What are the Differences of Sexual Harassment and Unlawful Sexual Contact – C.R.S. 18-3-404 – in Weld County?
Unlawful Sexual Contact and Sexual Harassment are different. Sexual Harassment generally happens in the workplace and is a form of discrimination. It involves unwanted sexual advances or conduct. The harassment is either sex-based conduct that disrupts the work environment (sexual comments, non-consensual touching, or joke), or an arrangement that links workplace success to sexual favors.
Unlawful Sexual Contact is defined by C.R.S. 18-3-404 as:
(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(e) Repealed.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 enforcement 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.
If the server, in the above story, could prove that the defendants touch her butt or breast, they could be criminally charged under subsection (a).
Penalties and Sentence for Unlawful Sexual Contact in Greeley, Colorado
Unlawful Sexual Contact is sentenced as a class 1 misdemeanor. Convictions for Unlawful Sexual Contact carry $500 – $5,000 in fines, and 6 months to 2 years in Weld County Jail. It is also an extraordinary risk crime that adds time to the jail sentence. If the contact involved force, intimidation, or a threat, unlawful sexual contact is a class 4 felony. The penalties for this can be $2,000 – $500,000 in fines, and 2 to 8 years in the DOC.
In Weld County Court, What is the Definition of an Extraordinary Risk Crime?
In Weld County, Extraordinary Risk Crimes are those which represent a substantial risk of harm to society. These crimes are thought to inflict an extra risk to human health, the safety of residents, and life. If convicted of an offense in this category, the defendant faces harsher sentencing.