For those of you who don’t know, twerking is a dance that involves thrusting hip movements while a person is squatting low. For most, it is seen as a sexually provocative and risqué dance. But, is it criminal? One man feels that it is and that he is the victim of a ‘twerking’ assault. Apparently the man was in line at a convenience store when two woman began to ‘twerk’ against the man. They were touching the man as he tried to move away. Now these women are wanted for the equivalent of Colorado’s Unlawful Sexual Contact charge. Seriously?!? Is it just me or does this seem ridiculous? I just can’t imagine how dancing could land you on the sex offender registry. I’m not saying it was a good choice, but I definitely do not believe it was criminal. Perhaps the ladies were just celebrating and teasing the man in the process.
Twerking = Unlawful Sexual Contact in Weld County?
The 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
(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 definition of the law, the women did technically commit Unlawful Sexual Contact. They subjected the man to sexual contact by touching his groin area without his consent. I just can’t imagine this is the type of situation legislators were considering when writing this law. To me, this seems more like a case of Harassment. It was obviously bothersome to the man, as he made a police report, but it was not a sex crime.
Sex Offender Treatment: One Size Fits All in Greeley and Erie
If convicted, these women would be facing the class 1 misdemeanor Unlawful Sexual Contact which is also considered an extraordinary risk crime. This means the maximum penalty is increased, so the women could be sentenced to 6 to 18 months in the Weld, Morgan, or Logan County Jail and up to $5,000 in fines. More importantly, they would have to register as a sex offender and complete the harsh sex offender treatment. The problem with this type of treatment is that in Greeley, Evans, and Windsor, it is a one-size-fits-all program.
Have you been charged with Unlawful Sexual Contact? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Unlawful Sexual Contact? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
The accused women would have to attend groups with other women who have committed sex offenses like Sexual Assault or Sexual Assault on a Child. It doesn’t make sense to have these women, who just danced into someone, be treated the same as someone who committed a more serious offense. However, in the eyes of the Colorado Sex Offender Management Board, all sex offenders are the same. At the O’Malley Law Office, we always push for a non-sex related plea if possible because we want to protect our clients from the harsh regulations related to a sex offense. Out full-time Denver criminal defense attorneys are up to the challenge.
If you or someone you love has been charged with Unlawful Sexual Contact, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 to schedule a free consultation. Together, we can protect your future.
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