Legal Question in Criminal Law in Colorado

Hugging results in sexual assult on a minor charge

There is a 15 or 16 year old girl who lives in the same small apartment complex as my ex, and when she would see him, she would go over and say hello and talk to him. She is a frequent runaway, and her parents are always calling the police to find her. The other day my ex was trying to get into his apartment when she went over and started talking to him, then hugged him, he hugged her back and that same night they arrested him for sexual assult on a minor. If they have no evidence after 72 hours do they have to let him out, and what kind of evidence would they need to charge him?


Asked on 8/13/07, 10:51 am

2 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Hugging results in sexual assult on a minor charge

Not a whole lot. An arrest and charge of this type is based upon the standard of probable cause, which means all the prosecution has to show at this point is a probability he sexually assualted the girl. My guess is the only evidence is her saying it happened, which is enough to charge him. He needs an attorney who specializes in these type of crimes right now, as he is facing a potential life sentence. Good luck.

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Answered on 8/13/07, 11:44 am
Philip Rosmarin Rosmarin Law Firm

Re: Hugging results in sexual assult on a minor charge

What kind of evidence do you need to let this guy figure things out for himself? Try to remember he's your ex. I'm guessing there's a reason for that.

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Answered on 8/13/07, 11:49 am


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