Teachers hold a position of trust over their students, so any sexual contact that occurs between a teacher and student is charged as Sexual Assault on a Child by one in a Position of Trust. A teacher was recently accused of having an inappropriate relationship with her middle school student. The teacher allegedly sent nude photos to the student and made out with him while sitting on his lap. While she maintains the two did not have sex, her conduct may be enough to get her charged with Sexual Assault on a Child by one in a Position of Trust if this had occurred in Highlands Ranch, Parker, or Castle Rock.

Castle Rock Sexual Assault on a Child Attorney: Definition of Sexual Assault on a Child by One in a Position of Trust

The Douglas County, Colorado law definition of Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3 – is:

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Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.”

‘Sexual contact’ is the key phrase in this statute. According to the law, ‘sexual contact’ means:

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the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.”

If, while sitting on the student’s lap, there was any sort of contact involving the teacher or student’s intimate parts, then it would be considered sexual contact.

Felony Sexual Assault on a Child in Highlands Ranch

Sexual Assault on a Child by one in a Position of Trust can be charged at various felony levels depending on the circumstances surrounding the sexual contact. For the teacher above, she would likely be facing a class 3 felony charge for Sexual Assault on a Child because the student was under 15 years old.   

If you or a loved one has been charged with Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law office at 303-265-1950 today. Together, we can protect your future.

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