In Colorado, the main criminal offense under the category of “Wrongs to Children” is child abuse. Child abuse can be a misdemeanor or a felony, depending upon the circumstances. Other criminal offenses in this category include sexual exploitation of a child, and procurement of a child for sexual exploitation.
The statute of limitations for child abuse can be as long as 10 years, so a defendant may find himself being charged with this crime after the victim has grown up. Fortunately, such prosecutions are rare due to the weakness of the evidence in such cases.
The best defense in a child abuse case often involves a close examination of the account given by the child. A child may have misperceived the facts. Another defense that must be examined is the believability of anyone with a motive to lie – such as a spouse seeking a more favorable outcome in a divorce or child custody case. These cases are unpleasant for everyone concerned, including the jury.
It is virtually impossible to successfully defend a child abuse prosecution without an experienced defense lawyer. If you are facing a child abuse investigation, you should involve a lawyer in your defense as soon as possible.
Like many other states, Colorado law allows the prosecution to take videotaped depositions of the child victim for use at trial. This is an exception to the general rule in Colorado that depositions are not allowed in criminal cases.
The lawyers at ParkerLawyers have experience in handling child abuse cases. Morley Swingle prosecuted dozens of these cases as a prosecutor, and has tried several all the way to jury trial. He is familiar with the special rules of evidence that apply to child abuse prosecutions.
If you are facing a child abuse charge or investigation, feel free to call Parker Lawyers at (303) 841-9525.