Our Blogs

When someone in a position of trust violates that trust, the outcome can be devastating for all involved – particularly in situations involving sex crimes.

A former Boulder swim coach was recently arrested for having sexual contact with minors on the swim team. At the time of the sexual contact, the members of the team were not of legal age to consent.

Now, he’s facing serious charges for sexual assault in a case that may be just the tip of the iceberg. This is because he’s coached swim teams in several states, including Florida, New York, and Georgia. He left Boulder when the allegations against him surfaced, only to now be arrested and charged in Georgia.

It’s cases like this that show how some people can take advantage of their positions of trust. The law recognizes what a breach this is and how the impact can be felt in communities as well as individuals’ lives for years to come.

Read on to find out how the law in Colorado deals with those who violate trust by sexually assaulting others and the penalties they face.

What Is Sexual Assault By Someone in a Position of Trust in CO?

Colorado prohibits sexual contact between underage minors and those people who are responsible for supervising them. Under the law, this is seen as a child sex crime. Sexual assault by someone in a position of trust is committed when one person knowingly engages in sexual contact with someone under the age of 17 and is in some fashion responsible for their supervision, welfare, health, or education.

In Colorado, the age of consent for sexual contact is in most cases 17. However, this age doesn’t apply when the perpetrator is in a position of trust such as a coach, teacher, counselor, foster parent, or even a pastor. In our state, a 17-year-old cannot consent to sex with someone in a position of trust, even though in other circumstances they can legally consent.

How Serious Is CO Sexual Assault by a Person in a Position of Trust?

Our state considers this crime a Class 4 felony. If the victim is between the ages of 15 and 17, then the penalties for committing this crime include a prison sentence of as much as six years, fines of as much as $500,000, and the requirement to register as a sex offender in Colorado – and outside of it if the person moves.

If, however, the minor in question was under the age of 15 or the sexual contact occurred on more than one occasion, then Colorado considers it a Class 3 felony. That is punishable by up to 16 years behind bars (or up to 24 if aggravating factors are present), fines of as much as $750,000, and the requirement to register as a sex offender.

An offender may also be required to complete something called the Sex Offender Intensive Supervision Probation. This can last for a decade or up to life, depending on what they are found guilty of.

This type of probation is incredibly challenging to fulfill. Often, the requirements of this probation are that you reside in a communal place with other people who have been convicted of sex crimes, that you cannot use the internet, that you abide by harsh curfews, and that you must be supervised when seeing your own children – if you are allowed to at all. If you break these conditions, then you will face time in prison.

If you find yourself facing these types of charges, do not take them lightly. Get an experienced criminal lawyer on your side as soon as possible and start working together to build the strongest defense possible.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.