A Sex Offense Can Damage Your Reputation And Jeopardize Your Future
Alcohol, honest misunderstanding, consent later revoked, simple change of heart and even false allegations underlie many sex offense charges. There is no intercourse or penetration required and a touch over clothing can result in charges carrying life imprisonment. Most often, those charged have a clean record and in no way fit the stereotype of a sex offender. Students and young people in a “partying” environment face a high risk of being wrongly accused. Public accusation as a sex offender often causes loss of employment and routinely damages people’s reputation and relationships.
What Are The Consequences Of A Conviction?
While being publicly accused of a sexual crime is devastating enough, the consequences of a conviction for a sexual crime are so drastic and life-changing that they can be difficult to comprehend. Bail amounts are extremely high. Many categories of sex offense convictions carry sentences of lifetime supervision and even life imprisonment. All sex offenses require registration as a sex offender (presumptively for life), and restrict you from interacting with minors, even your own children or siblings. A sex crime conviction will also result in a court order that you participate in several years of sex offender treatment and therapy. Other consequences include having where you can and cannot live dictated to you and having your identity as a sexual offender available in online databases that anyone can access.
Effective, Experienced Representation Is Crucial
With so much at stake, do not settle for anything less than the best defense available. At Jurdem, LLC, our record of success in defending against sex offense allegations speaks for itself. We have helped clients to avoid being charged in the first place, we have obtained dismissals after charges were filed, we have resolved cases with dispositions to nonsex offenses and we have obtained a number of acquittals at trial. In short, we have a record of securing the best possible outcome in sex offense cases.
A licensed attorney in Boulder since 1976, Scott Jurdem has broad experience, including serving as director of the Denver and Colorado Springs Public Defender Offices.
Throughout our careers, we have amassed a record of achieving positive results for our clients. We work to create a solid defense that looks at all possible avenues for a positive resolution to your case.
Cases We Handle
We are prepared to deal with the difficult legal issues and factual scenarios involved in every sex offense case. We are especially adept at locating, securing and persuasively presenting the exculpatory evidence necessary to defend against these allegations.
Our firm offers its services to those who are facing charges such as:
- Sexual assault
- Sexual assault on a child
- Sexual assault on a child – position of trust (counselor, teacher, coach, etc.)
- Internet and electronic sex offenses, such as internet luring and sexual exploitation
- Unlawful sexual contact
- Statutory rape
- Indecent exposure
Frequently Asked Questions About Sex Offense Charges In Colorado
Sex offense charges raise complex legal questions that can determine the outcome of your case. We answer some of these questions below to provide a better understanding of how Colorado law treats consent, probation requirements and parallel proceedings:
How does Colorado law legally define “consent” when alcohol is involved in a sexual encounter?
Colorado law states that a person cannot legally give consent if they are incapacitated, including by drugs or alcohol or unable to appraise their conduct. In Boulder’s nightlife and college settings, this issue arises frequently. When someone appears visibly intoxicated, blacked out, unconscious, or mentally incapacitated, the law treats any sexual contact as nonconsensual regardless of any previous agreements or statements.
The prosecution does not need to prove the person explicitly said “no, incapacitation alone removes the ability to consent. This means you may potentially face charges even if you believed the other person agreed to the encounter if there is evidence of intoxication.
What is the Sex Offender Management Board (SOMB) in Colorado, and how does it impact probation?
The SOMB sets statewide standards and guidelines for the assessment, evaluation, treatment and behavioral monitoring for individuals who have been convicted of a sexual offense. If a court places you on probation for a sex offense in Boulder County, it is likely that you will need to complete intensive sex offender treatment from a certified SOMB provider. Treatment providers follow SOMB protocols which are supposed to track the best practices in the field. At this time, SOMB rules allow for polygraph testing when deemed appropriate.
Depending on the individual, treatment usually takes several years to successfully complete. In many cases, individuals are also placed on the highest level of probation supervision known as Sex Offense Intensive Supervision Probation or “SOISP.” Failing to meet probation conditions like missing appointments or violating treatment rules can result in the court revoking your probation and potentially sending you to prison.
Because SOMB standards and guidelines can be very nuanced and complex, if you are facing a potential sex offense conviction or a probation revocation for a sex offense, it is important to consult with an experienced criminal defense attorney. It is not uncommon that probation officers or treatment providers misinterpret the standards and guidelines. In these cases, it is important to have an experienced criminal defense attorney advocate for your interests.
How do “Title IX” proceedings at Colorado universities differ from criminal sexual assault charges?
Under federal law, all educational institutions must have a Title IX Coordinator to oversee sex-discrimination complaints. At most schools in Colorado, educational institutions have established an office to investigate these complaints. Any criminal charge that includes claims of sexual misconduct, discrimination, or sex based violence is investigated through the Title IX office. Each Title IX office has its own set of complex rules and procedures that it must follow to initiate an investigation, during the actual investigation itself, and later during a hearing or other process to reach a final determination of whether a violation occurred prior to imposing discipline.
Generally, an individual receives less due process rights in a Title IX proceeding than in criminal court. Further, Title IX hearings are usually governed by a lower evidentiary standard known as the preponderance of evidence. If a violation is found by a preponderance of evidence standard, also known as the “more likely than not” standard, the school can impose disciplinary sanctions that can include suspension and expulsion.
Some Title IX cases move forward even in the absence of a parallel criminal case. Because the due process required is less than a criminal case, students can face extremely serious educational consequences even in the absence of proof beyond a reasonable doubt. You can face punishment from the university while criminal proceedings remain pending or after you win your criminal case.
In contrast, criminal charges require the highest standard of proof beyond a reasonable doubt. The accused person also has greater rights throughout the proceeding. For most sexual offenses, the accused is entitled to a jury of 12 persons.
In some cases, a Title IX proceeding can be helpful to develop evidence to assist in the defense of a criminal case. Additionally, prosecutors often will use evidence from Title IX proceedings against a person accused of a crime to win a conviction. Because this is a very difficult area of the law to navigate, it is best to consult an experienced defense attorney if someone so much as suspects that there may be any kind of investigation into a sexual assault allegation regardless of whether it involves Title IX or criminal charges.
Get Our Attorneys On Your Side
For experienced legal counsel that will design an honest defense built to achieve the best possible resolution to your sex crime charges, turn to Jurdem, LLC, in Boulder. Call 720-759-2894 or simply contact us online for a free initial consultation with one of our exceptional Colorado sex crimes lawyers. We accept major credit cards for our clients’ convenience.