FOR LAWYERS

Position of Trust

By
Daisy Rogozinsky
/
January 26, 2023

Being in a position of trust over a child may legally alter the nature of a sexual crime. In this article, we define the term “position of trust” and explain how it relates to sexual assault law.

Key Takeaways

  • A position of trust is having responsibility over the supervision, welfare, education, or health of a child
  • People in positions of trust include parents, teachers, coaches, and more
  • In Colorado, sexual assault of a minor by a person in a position of trust is a Class IV felony, or even more serious if the minor is under 15 years old or the assault was part of a pattern of abuse

What Is a Position of Trust?

To be in a position of trust is to be a parent or have a parent’s rights, duties, or responsibilities to a child, or a person charged with responsibility for the supervision, welfare, education, or health of a child. This category includes:

  • Parents
  • Guardians 
  • Foster parents
  • Child caregivers
  • Family caregivers
  • Institutional caregivers
  • Religious leaders
  • Healthcare providers
  • Teachers
  • Tutors
  • Coaches
  • Therapists 

In Colorado, sexual assault of a child by a person in a position of trust is a Class IV felony, regardless of whether or not the alleged victim consented to the act. This includes touching or fondling of the breast(s), buttocks, or genital area for the purpose of sexual arousal, gratification, or abuse. 

Sexual assault of a minor by a person in a position of trust does not have to involve penetration or intrusion. It is considered sexual assault if the person in a position of trust touches the minor or causes the minor to touch them. This crime can occur even without harsh physical force and even if both parties are clothed, as long as the purpose of the contact is sexual arousal, gratification, or abuse.

Penalties for Sexual Assault of a Minor by a Person in a Position of Trust

If the minor is between 15 and 17 years old, the penalties for sexual assault by a person in a position of trust are:

  • 2-6 years in prison, and/or
  • A fine of $2,000-$500,000
  • 10 years to life on Sex Offender Intensive Supervision Probation (SOISP)

If the minor is under 15 years old or the offense was part of a pattern of sexual abuse, the crime increases to a Class III penalty and is punishable by:

  • 4-12 years in prison, and/or
  • A fine of $3,000-$750,000
  • 20 years to life on SOISP

If there is a pattern of abuse, there is no statute of limitations on the offense. 

If the offense includes aggravating factors such as bodily injury, threat, intimidation, or force, the crime is considered to be violent, and the minimum mandatory sentence is:

  • 5 years if the minor was between 15 and 17 years old, or
  • 10 years if the minor was under 15 or there was a pattern of abuse.

Failing to register in the Colorado Bureau of Investigation’s sex offender registry carries a penalty of 

  • 1 – 1 ½ years in jail, and/or
  • A fine of $1,000-$100,000

If you have been accused of sexual assault of a minor as a person in a position of trust, it is recommended that you hire an experienced sexual assault lawyer who will be able to help defend you in court.

Featured Sexual Assault Lawyers

Jackman Law

Google rating
5
9 years in practice
Auto Accidents, Medical Malpractice, Nursing Home Abuse & Neglect, Personal Injury, Sexual Assault
View Profile

Law Firm of Roger 'Rocky' Walton, P.C.

Google rating
4.9
49 years in practice
Auto Accidents, DUI Law, Personal Injury, Sexual Assault, Wrongful Death
View Profile

Dordulian Law Group

Google rating
4.9
28 years in practice
Employment Law, Personal Injury, Sexual Assault
View Profile

Theory Law APC

Google rating
5
10 years in practice
Auto Accidents, Employment Law, Personal Injury
View Profile

Lake Tapps Legal

10 years in practice
Criminal Defense
View Profile

D Michael Mullori Jr Attorney At Law

Google rating
5
23 years in practice
Auto Accidents, Personal Injury, Premises Liability
View Profile

Related Posts

Victim
Daisy RogozinskyJanuary 30, 2023
Statutory Rape
Daisy RogozinskyFebruary 14, 2023
Sexual Abuse
January 23, 2023
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram