A Special Education teacher is on paid leave for allegedly giving an autistic student a hug and kiss on the cheek. The student, an 8-year-old boy, asked his teacher for the physical attention the teacher gave him. The boy’s mother fully supports the teacher and feels the incident didn’t warrant police involvement. The teacher fully admits to hugging the child, carrying the child and allowing him to sit on his lap. He is now under investigation for ‘repeated acts of inappropriate behavior’ and police believe there may be ‘multiple victims.’
What Charge Could This Teacher Be Facing?
Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3
If the police or district attorney feel the contact the teacher had with the child was sexual in nature, he could be facing this serious felony. The age of the child and the number of encounters can aggravate which class felony is charged in Weld, Morgan, or Logan County. Because of his position as an educator, he would be considered to be in a position of trust, which would also aggravate the charge.
Society today is quick to misjudge actions and point fingers.
Society today is quick to misjudge actions and point fingers, automatically assuming someone’s guilt in cases like these. He may have violated school policies, but did he commit a crime? If a mother or father, or even close friend were to have picked the child up, allowed him to sit on their lap, or given them a kiss, would it be seen as a Sexual Assault? In this case, it comes down to intent, and the fact that intent is so hard to prove, the district attorney’s burden of proof could really work in favor of this teacher. No decisions have been made yet, but I really hope his innocent actions will be discovered and that he will not face the devastating consequences of a sex offense conviction.
If you or someone you love has been arrested for a Sexual Offense in Greeley, Johnstown, or Windsor, be smart, exercise your right to remain silent, and call the best criminal defense attorneys from the O’Malley Law Office at (970) 616-6009. We can set up a free consultation or schedule a Weld County Jail visit. Together, we can protect your future.
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