Legal Question in Criminal Law in Colorado

Sexual assault of a minor by a person in a position of trust

My 17 yo daughter is in a residential treatment facility in Colorado, placed by IEP through California Dept. of Mental Health and LAUSD. She was sexually assaulted by a staff member. District Attorney has filed charges: 18-3-405.3 (1)Sex Assault/Child/POS Trust/VIC 15-18 and 18-3-405.3 (1), (2)(b) Sex Assault/Child/Position Trust-Pattern

I could not find the codes online that fully explained these charges and what the consequences could possibly be. Can we sue for civil damages, i.e., future therapy and counseling. Any compensation? She will be 18 in May and most likely discharged end of March as she will have obtained her diploma.

Thank you.


Asked on 2/28/05, 8:24 pm

1 Answer from Attorneys
David Colt Colt Law Firm, P.C.

Re: Sexual assault of a minor by a person in a position of trust

Hello:

Sexual Assault on a child by one in a position of trust occurs when a person knowingly subjects another to any sexual contact if the child is less than 18 years of age and the person is in a position of trust. Depending on the circumstances, the charge can be a felony 3 (punishable by imprisonment from 4 to 8 years and a fine of up to $750,000) or a felony 4 (punishable by imprisonment from 2 to 4 years and a fine of up to $500,000).

Yes, you may sue for civil damages as a personal injury. I would need to know more about the facts of the case. Quite often, personal injury claims are handled on a contingency fee basis. If you would like more details, please call me at 303-321-6872. David Colt

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Answered on 2/28/05, 8:45 pm


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