Tag: child sex assault
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Appeals court finds constitutional violation with man’s child sex offense
Colorado’s second-highest court concluded on Thursday that an Arapahoe County man’s conviction for unlawful sexual contact on a child violated his constitutional rights and must be vacated. Jurors convicted Lucas Bienvenido Mena in 2021 of multiple sex offenses after hearing he pushed a 12-year-old relative into a bathroom, touched her genitals and took photos of…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
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Colorado justices to examine whether alleged victim’s ‘dream journal’ should be barred from trial
The Colorado Supreme Court signaled last week that it may intervene in an ongoing prosecution out of Boulder County in which a trial judge has prohibited prosecutors from using an alleged sex assault victim’s childhood journal at trial, containing evidence of her abuse. One week before Mark Allan Hochwender was scheduled to face trial on…
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Appeals court rules juries may have unrestricted access to ‘pretext’ calls between sex assault victims, suspects
Colorado’s second-highest court on Thursday ruled that trial judges may provide juries with unrestricted access during their deliberations to “pretext” phone calls made by sex assault victims to their alleged perpetrators with a goal of eliciting incriminating statements. The Court of Appeals had never before decided whether pretext calls should be treated like a defendant’s…
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Divided appeals court upholds Denver child sex assault conviction
Colorado’s second-highest court upheld a man’s sex assault conviction earlier this month, although there was disagreement between appellate judges about whether jurors properly evaluated damaging evidence of the defendant’s conduct in light of his unusual defense at trial. A Denver jury convicted Mohammed Diawarra in 2021 for sexual assault on a child after he impregnated an…
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Appeals court overturns Boulder man’s sex assault convictions because judge misapplied law
Colorado’s second-highest court last month overturned a man’s sex assault convictions and indefinite prison sentence because a Boulder County judge wrongly blocked jurors from hearing evidence about the alleged victim’s reason for fabricating the claims. Jose Gilberto Contreras-Guzman stood trial in 2016 on multiple charges of sexually assaulting an 8-year-old relative. The prosecution argued the…