Sexual Assault on a Child by One in a Position of Trust (C.R.S. § 18-3-405.3)

Who counts as “in a position of trust”?

It includes anyone responsible for a child’s health, education, welfare, or supervision—even briefly. Common examples in Colorado include teachers, coaches, doctors, counselors/therapists, clergy, guardians, and babysitters.

From what we have seen, whether someone was actually in a position of trust is often one of the most contested issues in these prosecutions. Prosecutors may argue that a relatively brief or informal relationship created the necessary authority over a child. We carefully investigate the nature of that relationship because simply knowing a child or spending time with them does not automatically establish every element required by the statute.

What if the touching was accidental or not for sexual gratification?

Accidental contact or contact without sexual intent is not what C.R.S. 18-3-405.3 targets. A common defense is showing the contact was non-sexual, mistaken, or never happened.

In our experience, context matters enormously. We have handled cases where ordinary interactions were later interpreted very differently after an allegation was made. That is why we carefully review witness statements, surrounding circumstances, and any available physical or electronic evidence to determine whether the prosecution can truly prove the required sexual intent rather than asking a jury to speculate.

Is sexual assault on a child by one in a position of trust always a felony in Colorado?

Yes. It is charged as a felony, and penalties increase when the child is under 15 or when the prosecution alleges a pattern of sexual abuse.

In many of the cases we handle, concerns about mandatory sex offender registration, lengthy probation, employment consequences, and the lasting impact on a person’s reputation become just as significant as the potential prison sentence. Understanding those long-term consequences is an important part of building an effective defense strategy.

Can the charges be sealed?

A conviction for sexual assault on a child by one in a position of trust is not sealable in Colorado. It stays on your criminal record. 

This is one reason why we fight so hard to get these charges dismissed or reduced to a sealable offense. Having a clean background check hugely benefits your future prospects long after the case is over. 

Can someone be “in a position of trust” even if they are not a parent or legal guardian?

Yes. Colorado law defines a “position of trust” broadly. A person occupies a position of trust whenever they are responsible for a child’s health, education, welfare, or supervision, even temporarily. This can include teachers, coaches, clergy members, babysitters, tutors, camp counselors, youth group leaders, therapists, medical providers, and many other adults who exercise authority over a child. It is not necessary for the person to be a family member or have legal custody.

We regularly speak with people who assume the statute only applies to parents or guardians. In reality, prosecutors often focus on whether a temporary supervisory relationship existed, and that issue frequently becomes one of the most heavily litigated aspects of the case.

Does the child have to be under 15 years old for this crime to apply?

No. Unlike Colorado’s general sexual assault on a child statute, the position-of-trust law applies to any child under the age of 18. However, the penalties become substantially more severe if the child was younger than 15 years old or if prosecutors allege a pattern of sexual abuse.

Many clients are shocked to learn that Colorado’s normal age-of-consent rules do not necessarily apply in position-of-trust cases. We explain to them how the prosecution’s theory centers on abuse of authority rather than simply the ages of the people involved.

Does the prosecution have to prove that the defendant actually supervised the child at the time of the alleged incident?

Not necessarily. The prosecution must prove beyond a reasonable doubt that the defendant occupied a position of trust with respect to the child. Whether the defendant was actively supervising the child at the exact moment of the alleged conduct is only one factor a jury may consider. The overall relationship between the defendant and the child is often more important.

In our experience, prosecutors frequently rely on text messages, schedules, employment records, witness testimony, or family dynamics to establish the existence of a position of trust. We often examine whether those facts actually establish the legal relationship required by the statute.

What defenses are available to a charge of sexual assault on a child by one in a position of trust?

Possible defenses include showing that no sexual contact occurred, that the prosecution cannot prove sexual intent, that the defendant was not actually in a position of trust, mistaken identity, false allegations, unreliable forensic interviews, and insufficient evidence. Every case depends on its specific facts.

Over the years, we have found that these cases often turn less on dramatic courtroom moments and more on carefully analyzing interviews, digital evidence, timelines, and inconsistencies in witness statements. Small factual details frequently become critical to the defense.

Unfortunately, we have seen investigations begin before officers have spoken to every witness or reviewed all available evidence. Our role is to conduct an independent investigation, identify inconsistencies, preserve favorable evidence, and make sure our client’s side of the story is fully presented rather than simply accepted at face value.

Can someone be convicted based only on the child’s testimony?

Yes. Colorado law does not require physical evidence in every sexual assault prosecution. A jury may convict if it finds the testimony of a witness credible and believes the prosecution has proved every element beyond a reasonable doubt. Physical evidence can strengthen or weaken a case, but it is not always required.

In our experience, these prosecutions often involve very little forensic evidence. That makes witness credibility, interview techniques, corroborating evidence, and careful cross-examination especially important during trial preparation.

What happens if police interview a suspect before making an arrest?

Anything a suspect voluntarily says to investigators may later be introduced as evidence, provided the statement was lawfully obtained. Depending on the circumstances, investigators may question someone before an arrest is made, and statements can become an important part of the prosecution’s case.

We regularly advise people not to assume they can “clear things up” by talking to investigators without legal counsel. In many cases we handle, an early interview becomes one of the prosecution’s strongest pieces of evidence even when the person believed they had done nothing wrong.

Can electronic evidence be used in a position-of-trust prosecution?

Yes. Prosecutors frequently rely on text messages, emails, social media communications, photographs, phone records, location data, internet history, and other digital evidence to establish the relationship between the parties or to corroborate allegations.

In our experience, digital evidence often becomes one of the first things investigators review. We carefully examine how electronic evidence was collected, whether search warrants were valid when required, and whether the evidence actually proves what prosecutors claim it does.

Does a conviction require sex offender registration?

Generally yes. A conviction for sexual assault on a child by one in a position of trust requires sex offender registration under Colorado law, and many offenders are subject to long-term reporting obligations in addition to prison or probation.

We always remind clients that registration requirements often have a greater long-term impact than the criminal sentence itself. Employment opportunities, housing options, travel, and daily life can all be affected long after the case has ended. This is one of many reasons we try to get these charges dismissed or reduced to a non-registrable offense. 

Are sex crime allegations common in family law cases? 

Yes. Like any criminal allegation, accusations can arise in the context of divorce, custody disputes, family disagreements, or interpersonal conflicts. That does not automatically make an allegation false, but investigators and juries must evaluate all available evidence before reaching conclusions.

In our experience, understanding the broader family dynamics is often essential. We frequently investigate prior conflicts, communications between family members, and other circumstances that may help explain why allegations surfaced when they did. Often we can use the accusers’ own words and past behaviors to show prosecutors of their motivation to lie. 

Additional Resources

• National Sexual Assault Telephone Hotline – RAINN
• Adult Survivors of Child Sexual Abuse – RAINN
• Sexual Assault and Mental Health – Mental Health America
• Post Traumatic Stress Disorder (PTSD) – National Institute of Mental Health
• Child Sexual Abuse Statistics – VictimsOfCrime.org
• National Sexual Violence Resource Center
• Abused Children’s Fund
• Child Maltreatment – WHO

Legal References