Protecting Futures: Juvenile Sexual Assault Defense
When your child faces a terrible accusation, your most basic instinct as a parent is to shield them from its devastating impact — even if the allegations involve an act like a sex crime.
In Colorado, sexual offenses are among the most serious crimes for which a young person can be charged. Navigating the complex legal landscape requires highly specialized expertise.
This article outlines the critical information parents need to know about Robinson & Henry’s comprehensive approach to juvenile sexual assault defense. I’ll discuss both the immediate concerns and long-term implications of these charges and explain how our firm prioritizes compassion over judgment to prevent a regrettable act from defining your child’s future.
Juvenile Sex Offense: A Defining Moment?
The possibility of your juvenile facing adult criminal charges, especially for a sexual offense, is a terrifying prospect. Such an accusation isn’t just a legal challenge; it’s a defining moment that can reshape a person’s life. Without strong legal representation, your child could endure a lifetime of collateral consequences far beyond initial legal penalties.
The Threat of Being Charged as an Adult
While minors typically appear in juvenile court, prosecutors may be able to “transfer” a juvenile case to adult court via a case being filed in adult court. This means that a juvenile can be tried as an adult under certain circumstances. This process moves a juvenile case to adult criminal court, leading to trial and sentencing as an adult regardless of the child's age.
Sentencing
The adult criminal justice system primarily aims to punish offenders and prevent future crimes from occurring. The goals of juvenile justice couldn’t be more different. The juvenile system prioritizes rehabilitation and reintegration, generally acknowledging a young person’s capacity for change.
Juveniles tried as adults for sexual offenses can either be sentenced as adults or go into the Youthful Offender System (YOS). Juveniles serving an adult sentence usually avoid mandatory minimum prison terms unless the crime is considered a specific and severe sex offense. For minors who go into YOS, the court will issue a regular prison sentence but put it on hold so the juvenile can serve a fixed YOS term of two to six years, followed by some form of supervision. However, many serious sexual offenses can disqualify juveniles from YOS. C.R.S. 18-1.3-201
Penalties
If your child is tried and convicted as an adult, the penalties are far more severe than if tried as a juvenile. To start, your child may:
Have a permanent adult criminal record that is publicly accessible
Face adult sentencing to the Youth Offender System
Be required to register with local law enforcement as a sex offender for life
Beyond the direct legal penalties, a guilty verdict as an adult can have collateral consequences on various aspects of their life.
Education
A sexual offense conviction can significantly jeopardize a young person’s educational pursuits. School districts are notified of juvenile sexual assault charges against enrolled students, and local school boards must decide if the accused’s behavior threatens student and personnel safety. Even if charges are pending, your child could be suspended, expelled, or ordered to attend school at home or online.
A criminal history can restrict admission into competitive higher education programs or fields, limiting their chances of receiving federal financial aid.
Employment
A sex offense conviction can severely hamper your child’s future career prospects. An adult conviction is public information, meaning certain disclosures, like registering as a sex offender on the state’s database, will be visible to potential employers.
Some professions, such as healthcare, education, social work, and childcare, may be entirely off-limits to your child, as professional licensing boards typically deny licenses to individuals with a criminal history.
Housing
Difficulty securing stable employment can, in turn, affect where your child lives when they’re older, and where they can rent an apartment or purchase a home. Many landlords conduct background checks and frequently deny housing to individuals with a history of sexual offenses. C.R.S. 16-22-103; C.R.S. 38-12-904
If required to register as a sex offender, your child will face additional challenges due to the residency restrictions that apply to those in the database. Some Colorado municipalities prohibit registered sex offenders from living within a certain distance of schools, parks, daycare centers, and open space trails, including Westminster in Adams County; cities like Arvada and Thornton limit the number of registered sex offenders who can legally live together. In Douglas County, that rule applies to residents of Castle Rock who are considered “sexually violent” predators. It’s worth reviewing your town’s municipal code, particularly if living in a city or town where the rate of juvenile sex crime cases is relatively high, such as in Jefferson, Denver, and El Paso County.
Your child may also be blacklisted from living in specific neighborhoods, further limiting their options.
Social Stigma
The social stigma associated with a sexual offense charge is incredibly heavy. Rumors travel quickly, especially online, and initial accusations alone can damage your child’s reputation, even if charges are never brought or are later dismissed. The pervasive social stigma can carry over to others in your family and lead to significant psychological distress that can persist long after the local proceedings have ended. I’ve seen convicted youth shunned by neighbors and community members because of the public accessibility of their information.
Understanding the DA’s Role in the Process
Without an attorney, the outcome of your child’s case depends on the district attorney (DA) assigned to it. The DA’s office plays a crucial role in determining whether to pursue adult charges in juvenile sex assault cases based on:
Available case evidence
Potential for rehabilitation
Perceived public threat
The DA’s office holds a lot of power in determining the outcome of juvenile delinquency cases. They decide what charges to file, whether a case is severe enough to warrant direct filing into adult court, and their approval is legally required for a deferred adjudication. C.R.S. 19-2.5-903
When deciding whether to pursue adult certification, the DA considers factors such as:
Your child’s age - A juvenile 16 and older is more likely to be tried as an adult.
The nature of the alleged offense - A DA is more likely to seek a direct file when a minor faces a Class 1 or 2 felony or if the alleged crime involves a violent sexual assault. C.R.S. 19-2.5-801
Whether your child has a criminal history - An existing juvenile record increases the likelihood of a DA opting for the adult filing outcome. C.R.S. 19-2.5-802
In serious cases where DAs are unlikely to be lenient, the defense attorney’s role is to convince the prosecution that your child deserves a more favorable outcome. Whether that’s rehabilitation with a strong treatment plan or proving their innocence in court, having someone there to advocate for your child when it matters most is crucial.
The Best Defense for Sexual Assault Charges is a Strategic One
Defending juveniles accused of sexual offenses requires a strategic and experienced legal approach focused on securing the best long-term outcome for your child. A criminal defense team that leverages experience as former prosecutors and defense attorneys can provide the most effective legal representation. Here’s how my team strategically negotiates with the prosecution when our juvenile clients face adult certification:
Reviewing and Analyzing Key Evidence
We start by challenging the prosecution’s evidence. My team will meticulously examine the evidence to identify weaknesses, inconsistencies, or procedural errors. Any discrepancies in police reports, witness statements, forensic evidence, and confessions give us a strong bargaining chip.
Identifying Counter-Evidence & Mitigation Strategies
We then identify the counter-evidence to challenge the prosecution’s narrative, such as alibis, character witnesses, expert assessments, and the victim’s history of credibility. Demonstrations of your child’s good character, coupled with mitigating circumstances related to child development, can go a long way toward strengthening our already strong bargaining chip.
Pursuing Motions to Suppress/Dismiss Evidence
We will file motions to suppress evidence and even seek to dismiss the case if we find that police violated your child's legal rights. Illegal searches and coerced confessions pose a real threat to DAs, particularly when they’re relying on that evidence to build their case. We can also use this as a bargaining chip with the DA for a better overall outcome.
Highlighting Potential for Rehabilitation
Look, the DA can’t deny that your child’s brain is still developing, making them more impulsive and less capable of fully understanding the long-term consequences of their actions. This phenomenon is the “juvenile mindset,” and the best criminal defense attorneys build their cases around why rehabilitation is precisely what a child facing adult certification needs.
To convince the DA that your child deserves a chance at rehabilitation, we need to demonstrate that your child is remorseful. This wouldn’t be appropriate if your child has been wrongfully accused, but demonstrating that your child is prepared to take responsibility for their actions, even if denying guilt to the specific charge, will go a long way in averting a direct filing.
I’ll also proactively present the DA with a robust, supervised treatment plan. Since the DA has to approve the plan, we’ll likely have to negotiate the conditions. Here are some examples:
Will your child go to therapy?
Should they have a curfew?
Would they benefit from participating in a program for at-risk youth?
I’ve had incredible success negotiating favorable treatment plans on behalf of my juvenile clients because it helps the DA envision your child’s potential with structured intervention instead of incarceration.
Mitigating Perceived Public Threats
When DAs talk about “perceived threat to public safety,” they’re just going off of how they anticipate the alleged offenses are likely to be perceived without any mitigating circumstances. DAs are responsible for hundreds of cases like your child’s at any given time.
It’s our job to give the prosecution a complete picture of the child they want to try as an adult.
My team takes this part of the job very seriously because they understand what it’s like to be an overworked prosecutor. As a result, we’re effective at ensuring DAs understand who your child is and that the long-term risk to public safety is lower than they may have thought initially.
Addressing Criminal History (or Lack Thereof)
If your child has a juvenile record, we will take great care to explain the context of previous offenses by highlighting and championing any successful completions of past interventions. We’ll also emphasize that the current incident is an anomaly. Maybe it’s a sign that past interventions weren’t sufficient. Either way, we will underscore that your child can be rehabilitated within the juvenile system with the proper support.
Challenging Direct Filing
Even if the DA initially direct-files your child’s case to adult court, our team can file a motion to transfer it back to juvenile court. This is what’s called a “reverse transfer” hearing, and it allows us to formally present arguments based on the following factors:
The seriousness of the offense
The manner of the offense
Whether the offense was against persons or property
Age and maturity of the juvenile
Prior record and history
Mental health status
Likelihood of rehabilitation in juvenile vs. adult court
Community interest in commensurate punishment
Impact on the victim
Use of deadly weapon C.R.S. 19-2.5-801
My team will gather evidence and identify witnesses to build a strong case for each point.
Pushing for Deferred Adjudication
Deferred sentencing is a highly sought-after outcome in juvenile delinquency cases, especially those involving sensitive charges like sexual offenses. Here’s how deferred adjudication works:
Both sides agree to the juvenile entering a guilty plea, and the court postpones adjudication. The minor is placed on supervised probation with court-imposed conditions negotiated between the defense attorney and the DA. If your child completes the conditions, we can work to convince the DA to dismiss the case with prejudice.
Common Conditions of Deferred Sentencing for Juvenile Sexual Offenses
Our attorneys will negotiate the conditions with the DA to reach a constructive deferred sentencing agreement that is appropriate given the circumstances of the case. These terms can include:
Sex offender treatment - Almost always mandatory, provided by a state-approved therapist or program. C.R.S. 16-11.7-103
Sexual offender evaluation - Occurs before or during the deferral to assess risk factors, contributing behaviors, and specific treatment needs as part of a plan to prevent recidivism.
No contact orders - Strict prohibitions on contact with the victim and sometimes potential victims.
Safety plan - Can include restrictions on internet access, pornography, and unsupervised contact with children.
Regular probation - Frequent meetings with a juvenile probation officer who closely monitors compliance and reports violations to the DA.
Community service - Often a condition of probation, a set number of hours that directly or indirectly benefit public services, nonprofit organizations, or the community generally.
Victim restitution - Court-ordered payment to the victim(s) to cover financial losses or injuries resulting from the crime.
School attendance/performance - Common and strict requirements set by the DA or probation officer to attend school, make a genuine effort, and avoid disciplinary action.
Counseling - Integrated into treatment plan if underlying issues like substance abuse, anger management, or mental health matters are identified.
Colorado juvenile law allows deferred sentencing for unlawful sexual behavior to be continued for up to five years from the date of the deferred order upon showing “good cause.” C.R.S. 19-2.5-903
Negotiating Lesser Charges
If conviction is likely, our team will push for reduced charges that either avoid adult court, limit the number of penalties, or avoid sex offender registration. Charge bargaining, as it’s sometimes called, can be a good option if your child is being accused of a severe sexual assault.
Reducing the severity of the charges can result in lesser penalties, such as:
a shorter probation period,
less intense supervision, and
potentially avoiding commitment to a correctional facility.
Crucially, a lesser charge may allow your child to bypass the sex offender registration requirement, or at least improve their chances of petitioning for removal in the future.
Other Ways Lesser Charges Benefit Juveniles
Finally, less severe charges are typically easier to seal or expunge. The charge also may not trigger certain background check flags, making their educational, social, professional, and residential prospects more attainable.
Expunging Records
For every young person I represent who has been accused of a juvenile sexual offense, I aim to ensure their record is expunged early. Record expungement allows individuals to lawfully deny that they were ever arrested, charged, adjudicated, or sentenced for the associated matter when asked by employers, educational institutions, landlords, or the public.
Expungement typically involves a one- to five-year waiting period, successful completion of probation or diversion, and no new offenses. Once eligible, my team will file a petition with the deciding court, and the judge will evaluate the decision based on relevant factors.
Unfortunately, many individuals convicted of juvenile sexual offenses who go through the system without skilled legal representation will go years with an unsealed record.
Case Result: Successfully Expunged Adult’s Juvenile Record
A few years ago, I represented an individual who was seeking to have his record expunged of an unlawful sexual contact charge that was on his record from when he was 12. He was sentenced to two years’ probation, as part of a deferred adjudication plea deal. However, our client’s record was never sealed. When our client approached Robinson & Henry, nearly 15 years had passed since his case had been dismissed, and he was tired of this early misstep affecting his adult life.
We filed an order to expunge the records that was compliant with Colorado’s Victim Rights Act (VRA) with the DA’s office. With no felonies, misdemeanors, or delinquency actions pending against our client, the court determined that:
Our client had been rehabilitated to the court’s satisfaction, and
Expunging our adult client’s juvenile record was in his and the community’s best interest
After a brief virtual appearance, the court granted our order, and his juvenile record was officially expunged, enabling him to close that chapter of his life for good.
The best defense for your child will depend on the specific circumstances of the incident. Understanding their side of the story will help us determine which approach will result in the most robust defense.
Your Child Deserves Dynamic Legal Representation
Robinson & Henry’s Criminal Defense Team leverages over 70 years of combined experience, having handled hundreds of Colorado sex crimes with our law firm and as former prosecutors or public defenders. The attorneys on my team have either worked as both prosecutors and defense attorneys throughout their careers, giving us insight into potential prosecutorial approaches.
As a Denver juvenile defense lawyer also serving Colorado Springs and the surrounding metro areas, I understand the importance of being available to my clients. Our offices are conveniently located along the Front Range, enabling us to meet clients where they are. We practice regularly in Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, and Larimer County courts, where these criminal defense cases are typically heard.
Our Defense Philosophy
We firmly believe in upholding the rights of the accused and in your child’s right to redemption. This approach prioritizes rehabilitation and restorative justice in juvenile cases, and should your child be wrongfully accused or face false accusations and sex assault charges, we are just as prepared to help.
We are not here to judge. As juvenile sex assault defense attorneys, our focus is twofold: securing the best outcomes for your child by addressing the immediate charges and mitigating the long-term consequences.
Protect Your Child Accused of Sexual Assault
It’s natural to worry about the repercussions of your child’s alleged actions, yet still uphold their right to redemption if guilty, or to justice if they are falsely accused of a sexual offense. No matter the prosecution’s story or what the evidence suggests, your kid has the right to a strategic legal defense. As your child’s specialized juvenile criminal defense attorney, we will work tirelessly to obtain the best possible outcome for your family. Call 303-688-0944 to begin your case assessment.
