Sexual Assault Involving Children2018-11-19T11:12:38+00:00

Colorado Springs Defense Attorney for Sex Crimes Involving Children

There’s no underestimating how serious charges regarding the sexual assault, solicitation, or prostitution of children can be. There’s a great deal at stake for the accused, because of how aggressively prosecution pursues these cases. Jail time, public opinion which can cost you your job, future career opportunities if charges are documented online, and even relationships. If you’re facing a sex crime involving children charge, it’s vital that you engage a criminal defense attorney.

An attorney will be able to examine the facts of the case from your point of view, and they’ll have your best interests in mind. If you hire a reputable attorney, they’ll be forthcoming with you about your options regarding the case’s outcome. Look for an attorney that is willing to explain to you the possible scenarios, outcomes, pros and cons, and penalties regarding your case. Your attorney should be willing to realistically discuss the potential outcome of your case while advocating for your best interests.

Child Sexual Assault

Child sexual assault, or the sexual abuse of children, is considered a particularly serious charge, not only because of its potential ramifications but because of how enthusiastically prosecutors will attempt to charge people with it.

There are also unfortunate situations in which an angry child might exaggerate events, or a confused child might misunderstand them. Then, there is the potential for a disgruntled spouse or co-parent to completely misrepresent events. If you are under any sort of suspicion for child sexual assault or child molestation, it’s important to get legal counsel.

In accordance with Colorado law, sex assault on a child is defined as being engaged in sexual contact with an individual who is less than 15 years in age, being also at least four years younger than the person who allegedly perpetrated the incident, according to C.R.S. 18-3-405.  This is a class 4 felony charge, which carries serious consequences. Prison sentences can range between one and sixteen years, and the perpetrator can be fined up to $500,000. They’ll also be listed on the sex offender registry for life.

Other factors can increase the charge to a class 3 felony, with double the potential prison sentence, mandatory sex offender registration, and fines up to $750,000. These factors include physical force or the threat of injury, or the assault was part of a pattern of abuse.

Child Pornography

Not all crimes related to child sexual abuse involve interacting directly with a child. Nonetheless, these crimes have very serious consequences. Child pornography, for example, carries heavy charges, and anyone who has been accused of creating, possessing, or distributing it needs a strong defense and invested legal counsel.

Legal consequences aren’t the only things that someone accused of these crimes needs to try and mitigate. Simply being accused of child pornography related crimes can devastate one’s professional reputation, personal relationships, and affect every area of their lives.  Engaged and determined legal counsel can help minimize the damage.

Furthermore, child pornography charges can be severe at both the state and federal levels, which can be difficult for anyone to navigate effectively. If the accused is charged for production of child pornography, for example, that is a federal charge that can carry penalties of up to 30 years in prison— and the offender can still be charged by the state as well.

Also, while you may find it unlikely that personal possession of child pornography could result in federal charges, you’d be quite wrong. Thanks to the internet, even what might seem like a minor violation has likely involved child pornography crossing state lines. A federal charge is not only possible but probable.

Online Solicitation of a Minor Defense

Online solicitation of a minor refers to charges against an adult who communicates with a person whom the adult knows or believes to be less than 15 years of age. The communication can take place via email, messenger apps, chat rooms, or similar online methods.

The prosecution will look at multiple factors when pursuing these charges. Some of these factors include the nature of the communication, the age of the child, and the difference in the ages of the child and the adult. The prosecution will have to prove that the perpetrator either knew or believed the victim to be a child, that their communication took place online, and what they felt the intent of the communication was.

As with all charges related to sex crimes that involve children, the penalties for being convicted (or even simply accused) can be severe.  It is vital that the accused not attempt to navigate these charges on their own. While the court may provide a public defender, these attorneys are often not specialists in child sex crime law or may be overburdened with other cases. It’s always best to have a fully-invested attorney.

Child Prostitution

Charges related to child prostitution include child trafficking, patronizing a child prostitute, and pimping a child. These charges can apply to prostitution involving any minor under the age of 18. While the age of consent is 17 in Colorado, minors are not considered able to consent to prostitution of any kind.

Furthermore, a lack of knowledge about the child’s age may not be an adequate defense. For example, if the accused visited a prostitute whom he believed to be 20 years old, but it turned out she was actually 17, he could still be charged with patronizing a child prostitute.

Here at Anaya-McKedy, we understand the severity of these types of accusations, and how they can affect your life. We understand how frightening it is to be accused. And most of all, we understand how important it is to have a competent, experienced lawyer who remains accessible to you, communicates well, and knows how to navigate the legal system. We are familiar with the processes of the court, and we can give you the best possible opportunity to provide your side of the story.

If you have been accused of any of these sex crimes, or if you have reason to believe that you will be accused of any of these types of crimes, contact us immediately for a consultation.