Felony Sexual Assault on a Child (18-3-405) is a terrible thing to be accused of. This charge alone can be enough to put a halt on everything in your life. With charges like this, you can’t let just anyone handle your case. You need an experienced lawyer to navigate you through the charges, the process, the trial and everything after.
It is in everyone’s nature to think that the police and the district attorney’s office are looking for the truth, that they want to get to the bottom of the situation just as much as you do. However, this assumption is incorrect. The police work under the assumption that if someone makes the accusation, they just have to find the evidence to prove it. The police and the district attorney are looking for the facts and preserving the evidence that you committed the crime, even if you know you didn’t. It is an arrest first ask questions later type of system. If you think you will be treated like you are innocent until proven guilty, then think again. You are guilty until proven innocent in they eyes of law enforcement.
Sexual Assault on a Child 18-3-405
What does this mean?
1. Sexual assault on a child means, any person who knowingly subjects another not his/her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.
2. Sexual assault on a child is a class 4 felony but is a class 3 felony if:
a)The actor applies force against the victim in order to accomplish or facilitate sexual contact; or
b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or
c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, the victim believes the actor will execute the threat; or
d) 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 must be alleged for the pattern of sexual abuse; except that they 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 16-5-401 (1) (a), concerning sexual 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 abuse as defined in section 18-3-401 (2.5). If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to this section, the court shall sentence the defendant in accordance with the provisions of 18-1.3-406.
What to do when accused of sexual assault on a child?
The best thing you can do for yourself when accused of this kind of crime is to call an attorney right away. When officers investigate this kind of crime, they are really just gathering evidence for the courts to sort out later. No one is looking to exonerate you if you are accused of this kind of crime. With that being said, you will not be able to talk your way out of it. The only thing that talking will do is push you down a path that you can not come back from.
If you are charged with Sexual Assault on a Child, invoke your 5th amendment right against self-incrimination, 6th amendment right to have an attorney present for all questioning, and your 4th amendment right against unlawful search and seizure. This is the best thing you can do to protect yourself against this kind of accusation. This is a very serious crime and you should let an experienced attorney help you. M. Colin Bresee is an experienced attorney with more experience in sexual assault cases than any attorney in the state. Call today for a free consultation.
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By Shannon Lynch