A 36-year-old man has been arrested on suspicion of having sex with an underage girl. According to a KKTV news report, Colorado Springs police say he was engaged in a sexual relationship with a girl less than half his age since the summer of 2012. The alleged victim is 18 now, but she was 17 when the alleged relationship began. The age of consent in Colorado is 17, but according to the Colorado Springs Police Department, the man “was in a position of trust over the victim.”
The age-of-consent laws in Colorado are complicated and confusing. Colorado is one of nine states that have a legal age of consent of 17. This means that under some circumstances, a 17-year-old can consent to sexual activity with someone over the age of 18. A 17-year-old cannot, however, legally consent to a person who is in a position of trust. This means that a 17-year-old Colorado resident cannot legally consent to a relationship with any person:
- Who is a parent
- Who is acting in the place of a parent
- Who is charged with any of a parent’s rights, duties or responsibilities
- Who is responsible for the minor’s health, education or welfare
- Who is supervising the minor through foster care, child care, institutional care or family care
This form of sexual assault is a felony crime in Colorado. Under Colorado Statute 18-3-405.3, sexual assault on a minor by a person in a position of trust is a Class 3 felony if the victim is less than 15-years-old or if the suspect committed the offense as part of a pattern of sexual abuse. It is a Class 4 felony if the victim is between 15 and 18 years of age and the offense is not part of a pattern of abuse.
If you are convicted of sexual assault with a minor in Colorado Springs, you will face prison time, heavy fines and mandatory registration as a sex offender. The stigma of being a registered offender can stay with you long after you get out of prison. It is crucial that you consider all possible legal defenses before accepting a plea deal that includes required registration as a sexual offender or predator. An experienced Colorado Springs criminal defense lawyer can help fight for your rights and ensure that you achieve the best possible outcome for your case.