Sexual Assault On A Child By One In A Position Of Trust

Defending Against Allegations of Sexual Assault by a Person in a Position of Trust

In Colorado, parents, stepparents, and anyone entrusted with the care of a child can face charges of sexual assault by a person in a position of trust if accused of violating that responsibility. This charge builds on the standard sexual assault on a child offense, but adds the critical factor that the accused was in a position of trust—someone specifically relied upon to care for or supervise the child. Because of this, these charges often come with even more severe legal and personal consequences.

When a parent leaves a child in the care of someone—whether it’s a relative, teacher, coach, babysitter, or neighbor—and that person is accused of sexual misconduct, the law treats the breach of trust with exceptional seriousness.

Allegations Are Easy to Make—But Often Hard to Prove

Accusations like these can be made quickly and without evidence—yet they are often complex and difficult for prosecutors to actually prove. At McClintock Criminal Defense, P.C., we have successfully defended many individuals in these sensitive cases, including:

• Teachers

• Daycare workers

• Babysitters

• Family friends and relatives

• Neighbors

• Youth group and Sunday school leaders

Colorado law defines a “position of trust” as having control over a child because a parent or guardian entrusted that child to your care. Critically, this position of trust must generally exist at the time of the alleged offense. However, there’s an important exception: if the relationship began because of your trusted role—such as a teacher who starts a relationship with a student during summer break—the law may still consider it an abuse of that original position of trust.

The Tragic Reality of False Accusations

Sadly, false allegations in these cases are not uncommon. Our firm is experienced in carefully questioning children to uncover inconsistencies and reveal fabricated stories, often creating the reasonable doubt necessary to protect our clients. In one alarming case, we discovered that several girls at the same school had actually written in their journals about planning false allegations against their stepfathers.

We Know What’s at Stake—and How to Fight for You

Being accused of sexually assaulting a child you were trusted to protect is devastating. It can destroy your family, your reputation, and your future. At McClintock Criminal Defense, P.C., we understand the gravity of these charges and have the experience to build a strong, strategic defense—rooted in careful investigation and skilled cross-examination.

If you’re facing these life-changing accusations, don’t wait. Contact us today for a free, confidential consultation. We’ll be here to listen, guide you, and fight relentlessly for your rights and your future.

Colorado Statute §18-3-405.3  Sexual Assault On A Child By One In A Position Of Trust

(1) 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.

(2) Sexual assault on a child by one in a position of trust is a class 3 felony if:

(a) The victim is less than fifteen years of age; or

(b) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time need be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401 (1) (a), C.R.S., concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5).

(3) Sexual assault on a child by one in a position of trust is a class 4 felony if the victim is fifteen years of age or older but less than eighteen years of age and the offense is not committed as part of a pattern of sexual abuse, as described in paragraph (b) of subsection (2) of this section.

(4) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraph (b) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(5) A person who is convicted on or after July 1, 2013, of sexual assault on a child by one in a position of trust under this section, upon conviction, shall be advised by the court that the person has no right:

(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;

(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;

(c) Of inheritance from a child conceived as a result of the commission of that offense; and

(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.

Colorado Springs Lawyer Ted McClintock comments regarding this criminal charge:  Pattern of abuse requires that there is more than one occurrence of an assault requires mandatory prison of at least 8 Years to life.  Beginning in 2013 this offense also strips parent of nearly all rights if a child was conceived during the offense.  If convicted, this charge requires lifetime registration as a sex offender.