Sexual Assault of a Client by a Psychotherapist in Colorado

Sexual assault of a client by a psychotherapist in Colorado is a serious criminal accusation that arises when the state alleges that a therapist, counselor, psychologist, psychiatrist, or other person performing psychotherapy engaged in sexual contact, sexual intrusion, or sexual penetration with a client. These cases are treated differently from many other sex offense allegations because Colorado law focuses heavily on the professional relationship itself, the imbalance of trust and authority within that relationship, and whether the accused person was acting as a psychotherapist at the time of the alleged conduct.

Colorado’s sexual assault on a client by a psychotherapist statute is C.R.S. § 18-3-405.5. The statute creates two different levels of offense. If the allegation involves sexual penetration or sexual intrusion, the charge is aggravated sexual assault on a client by a psychotherapist, which is a class 4 felony. If the allegation involves sexual contact without penetration or intrusion, the charge is sexual assault on a client by a psychotherapist, which is a class 1 misdemeanor. In either form, the prosecution must prove the required professional relationship, the required sexual conduct, and the required mental state beyond a reasonable doubt.

These cases often involve deeply disputed facts, complicated treatment histories, text messages, therapy notes, licensing issues, professional-board complaints, delayed reporting, and emotionally charged allegations. They may also involve questions about whether the alleged victim was legally a “client,” whether the accused person legally qualifies as a “psychotherapist,” whether the alleged conduct actually occurred, and whether the prosecution can prove the exact type of sexual conduct charged. Because the consequences can include jail, prison, sex offender registration, professional license consequences, public stigma, and lifetime supervision exposure in felony cases, a careful defense is critical from the beginning.

Colorado Sexual Assault of a Client by a Psychotherapist Defense Attorney

Sexual assault of a client by a psychotherapist allegations can be devastating long before a case reaches trial. A person accused of this offense may face criminal prosecution, professional discipline, loss of employment, damage to reputation, mandatory reporting consequences, licensing-board investigations, and public assumptions of guilt. These cases often involve more than a simple dispute over whether a sexual act occurred. They also involve the legal meaning of psychotherapy, the boundaries of the client relationship, the timing of the alleged conduct, the nature of the alleged contact, and the prosecution’s ability to prove the statutory elements beyond a reasonable doubt.

At the Law Office of Matthew A. Martin, P.C., we understand how sensitive and high-stakes these cases can be. Matthew Martin carefully examines the client-provider relationship, the timeline of treatment, the available communications, the complainant’s statements, the role of therapeutic deception allegations, the professional and licensing context, and whether the state can prove the specific crime charged. We work to protect our clients from overbroad allegations, unsupported assumptions, and the life-changing consequences that can come with a Colorado sex offense conviction.

If you or someone you love has been charged with sexual assault of a client by a psychotherapist in Colorado, call (303) 725-0017 to schedule your free consultation today.

Overview of Sexual Assault of a Client by a Psychotherapist in Colorado

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Definition of Sexual Assault of a Client by a Psychotherapist Under Colorado Law

Sexual assault of a client by a psychotherapist is governed by C.R.S. § 18-3-405.5. Under this statute, a person may commit aggravated sexual assault on a client if the person knowingly inflicts sexual penetration or sexual intrusion on a victim and the actor is a psychotherapist while the victim is the psychotherapist’s client. The statute also applies when the actor is a psychotherapist, the victim is a client, and the sexual penetration or intrusion occurred by means of therapeutic deception.

The statute separately provides that a person commits sexual assault on a client if the person knowingly subjects a victim to sexual contact and the actor is a psychotherapist while the victim is the psychotherapist’s client. It also applies when the actor is a psychotherapist, the victim is a client, and the sexual contact occurred by means of therapeutic deception.

That distinction matters because Colorado law treats sexual contact differently from sexual penetration or sexual intrusion. Sexual contact may support a class 1 misdemeanor charge, while sexual penetration or sexual intrusion may support a class 4 felony charge for aggravated sexual assault on a client. The factual difference between contact, intrusion, and penetration can dramatically affect the seriousness of the charge, the sentencing exposure, and the long-term consequences of a conviction.

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Aggravated Sexual Assault on a Client by a Psychotherapist

Aggravated sexual assault on a client by a psychotherapist is the felony-level version of the offense under C.R.S. § 18-3-405.5. It applies when the prosecution alleges sexual penetration or sexual intrusion, rather than sexual contact alone. Because this version of the offense is a class 4 felony and can trigger Colorado’s lifetime-supervision sentencing framework, the stakes are far greater than in a misdemeanor-contact case.

In these cases, the prosecution must prove more than the existence of a therapeutic relationship. The state must prove that the defendant knowingly inflicted sexual penetration or sexual intrusion and that the statutory relationship or therapeutic-deception theory applies. The defense may focus on whether the alleged conduct occurred, whether the evidence supports penetration or intrusion rather than a lesser allegation, whether the complainant was legally a client, whether the accused person legally qualifies as a psychotherapist under the statute, and whether the prosecution can prove every element beyond a reasonable doubt.

Because felony sex offense allegations can carry indeterminate sentencing exposure, sex offender registration, treatment requirements, and major collateral consequences, aggravated sexual assault on a client by a psychotherapist requires immediate and detailed defense analysis.

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Common Situations Leading to These Charges

Therapist-Client Relationship Allegations — These cases often begin with an allegation that a licensed or unlicensed therapy provider engaged in sexual conduct with a current client. The allegation may involve a psychologist, counselor, social worker, psychiatrist, addiction counselor, marriage and family therapist, registered psychotherapist, or another person accused of providing psychotherapy. The central issue is often whether the professional relationship existed at the relevant time and whether the alleged conduct falls within the statute.

Boundary-Setting and Dual-Relationship Disputes — Some cases arise from relationships that allegedly moved from a professional setting into a personal, romantic, or sexual context. The prosecution may argue that the client relationship continued or that the accused person used the therapeutic relationship to create or exploit trust. The defense may examine whether therapy had ended, how the relationship changed, what communications occurred, and whether the state can prove the legal status of the relationship at the time of the alleged conduct.

Therapeutic Deception Allegations — Colorado law specifically addresses situations where sexual contact, penetration, or intrusion allegedly occurred because the psychotherapist represented that the conduct was consistent with or part of the client’s treatment. These allegations are especially serious because they involve claims that the accused person used the language or authority of therapy to justify sexual conduct. Defense counsel must carefully examine exactly what was said, what was documented, what treatment was actually provided, and whether the prosecution can prove therapeutic deception beyond a reasonable doubt.

Licensing Board Complaints Turning Into Criminal Charges — A complaint to a professional licensing board can sometimes lead to criminal investigation. Statements made in disciplinary proceedings, employment investigations, internal reviews, or board communications may later become evidence in a criminal case. A defense attorney must consider both the criminal case and the professional consequences, while also protecting the accused person from making statements that may create additional risk.

Delayed Reporting and Treatment History Issues — Some allegations surface weeks, months, or years after the alleged conduct. Delayed reporting does not automatically make an allegation false, but it can create important defense questions about memory, documentation, intervening events, motives, communications, and the availability of physical or digital evidence. In therapy-related cases, treatment records and communication history can become especially important.

Digital Evidence and Communications — Text messages, emails, portal messages, scheduling records, voicemails, social media messages, and call logs often play a major role in these cases. The prosecution may use communications to argue that a therapeutic or sexual relationship existed, while the defense may use the same evidence to challenge the timeline, context, credibility, or legal theory of the charge. Careful preservation and analysis of digital evidence is often one of the most important early steps in the defense.

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Key Legal Definitions Under C.R.S. § 18-3-405.5

Client — Under C.R.S. § 18-3-405.5, a client is a person who seeks or receives psychotherapy from a psychotherapist. That definition can create important questions in cases where the alleged therapy relationship was informal, brief, disputed, terminated, administrative, or connected to a different professional service. The prosecution must prove that the alleged victim fit within the statutory definition of a client.

Psychotherapist — Colorado law defines psychotherapist broadly. The term can include a person who performs or purports to perform psychotherapy, whether or not the person is operating under a traditional professional title. This means the statute may apply not only to familiar categories like psychologists, psychiatrists, and counselors, but also to other individuals who provide or claim to provide psychotherapy. In some cases, the defense may examine whether the accused person was actually providing psychotherapy or whether the relationship was something else.

Psychotherapy — Psychotherapy generally refers to treatment, diagnosis, or counseling in a professional relationship for purposes such as helping individuals or groups address mental disorders, understand conscious or unconscious motivations, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors interfering with emotional, social, or intellectual functioning. The existence of psychotherapy can be a critical issue when the accused person provided coaching, spiritual guidance, peer support, consultation, evaluation, administrative services, or another service that may not clearly fit the statutory definition.

Therapeutic Deception — Therapeutic deception means a representation by a psychotherapist that sexual contact, sexual penetration, or sexual intrusion is consistent with or part of the client’s treatment. This definition matters because the statute specifically criminalizes sexual conduct occurring by means of therapeutic deception. A defense attorney must examine whether any such representation was actually made, whether the alleged statement is supported by evidence, and whether the prosecution can prove that the alleged sexual conduct occurred by means of that representation.

Sexual Contact, Sexual Intrusion, and Sexual Penetration — The specific type of alleged sexual conduct affects the level of the charge. Sexual contact may support a class 1 misdemeanor allegation, while sexual penetration or sexual intrusion may support a class 4 felony allegation. Because the classification of the charge can turn on this distinction, the defense must carefully analyze the complainant’s statements, forensic evidence, medical evidence, digital communications, and any inconsistencies in how the alleged conduct has been described.

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Consent and Therapeutic Deception Issues

One of the most important parts of C.R.S. § 18-3-405.5 is that consent by the client to the sexual penetration, intrusion, or contact is not a defense to the offense. This makes the statute different from many other sexual offense cases where consent is a central issue. In these cases, the law focuses on the psychotherapist-client relationship and the power imbalance created by that professional role.

That does not mean the prosecution automatically wins whenever a sexual relationship is alleged. The state must still prove every statutory element beyond a reasonable doubt. The prosecution must prove that the accused person was a psychotherapist, that the alleged victim was a client, that the charged sexual conduct occurred, that the accused acted knowingly, and that the conduct fits either the direct psychotherapist-client theory or the therapeutic-deception theory. The defense may not be able to rely on consent as a complete defense, but it may still challenge the existence of the client relationship, the scope of psychotherapy, the accuracy of the accusation, the type of alleged conduct, the mental state, and the credibility and reliability of the evidence.

Therapeutic deception cases require even closer review. The prosecution may claim that the accused person represented sexual conduct as part of treatment, but the defense must examine whether there is any reliable evidence of that statement, whether it was actually made by the accused, whether it was misunderstood or taken out of context, and whether the alleged sexual conduct occurred because of that claimed representation.

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Penalties for Sexual Assault of a Client by a Psychotherapist in Colorado

The penalties for sexual assault of a client by a psychotherapist depend heavily on whether the case is charged as misdemeanor sexual assault on a client or felony aggravated sexual assault on a client. The difference usually turns on whether the allegation involves sexual contact alone or sexual penetration or intrusion.

Sexual Assault on a Client by a Psychotherapist — Sexual assault on a client by a psychotherapist is a class 1 misdemeanor when the allegation involves sexual contact rather than penetration or intrusion. For offenses committed on or after March 1, 2022, a class 1 misdemeanor in Colorado can carry up to 364 days in jail, a fine of up to $1,000, or both. Even when charged as a misdemeanor, this offense can still carry severe collateral consequences because it is a sex offense involving a professional relationship.

Aggravated Sexual Assault on a Client by a Psychotherapist — Aggravated sexual assault on a client by a psychotherapist is a class 4 felony. A standard class 4 felony in Colorado generally carries a presumptive prison range of 2 to 6 years and a fine range of $2,000 to $500,000. However, because aggravated sexual assault on a client by a psychotherapist is a qualifying felony sex offense, Colorado’s indeterminate sentencing laws may apply. That can create sentencing exposure far beyond the ordinary fixed felony range, including the possibility of an indeterminate prison sentence with a maximum of life.

Indeterminate Sentencing Issues — In felony sex offense cases subject to Colorado’s lifetime-supervision framework, the court may impose an indeterminate sentence rather than a fixed sentence with a definite release date. This means the minimum term may be tied to the presumptive range for the felony class, but release may depend on treatment progress, risk assessment, parole-board decisions, and other statutory requirements. This is one of the reasons felony sexual assault on a client cases must be treated with extreme seriousness from the beginning.

Probation and Treatment Conditions — Depending on the charge, facts, criminal history, and sentencing law, probation may be possible in some cases. But probation in a sex offense case can be intensive and highly restrictive. Conditions may include sex offense treatment, offense-specific evaluations, restrictions on contact with alleged victims, restrictions on internet use, polygraph testing, employment limitations, travel restrictions, and strict compliance monitoring.

Collateral Consequences — A conviction can affect nearly every part of a person’s life. Consequences may include sex offender registration, loss of professional licensing, termination of employment, inability to work in therapeutic or healthcare fields, damage to reputation, immigration consequences, housing restrictions, family-law consequences, and permanent barriers in background checks. For therapists and other professionals, the professional consequences may be as severe as the criminal penalties themselves.

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Sex Offender Registration and Professional Consequences

A conviction for sexual assault of a client by a psychotherapist can trigger sex offender registration obligations in Colorado. Registration requirements can affect where a person lives, works, travels, and appears in public records. The rules may involve initial registration, periodic re-registration, address-change reporting, employment or school reporting, and separate obligations if the person moves or spends time in another jurisdiction.

Professional consequences can also be immediate and severe. A therapist, counselor, psychologist, psychiatrist, social worker, addiction counselor, or other treatment provider may face licensing-board discipline, suspension, revocation, employer discipline, loss of credentialing, malpractice exposure, civil claims, and exclusion from professional practice. In many cases, the accused person must defend against both a criminal case and a parallel professional investigation.

Because statements made in a board investigation, workplace inquiry, civil case, or criminal interview can affect the other proceedings, it is important to coordinate the defense carefully. A person accused of this offense should not assume that a licensing issue and a criminal issue can be handled separately without risk. What is said in one setting may become evidence in another.

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Defenses to Sexual Assault of a Client by a Psychotherapist Charges

No Psychotherapist-Client Relationship — The prosecution must prove that the accused person was a psychotherapist and that the alleged victim was a client within the meaning of the statute. If the relationship was not a psychotherapy relationship, if therapy had ended, if the interaction was administrative or social rather than therapeutic, or if the state cannot prove the required professional relationship at the relevant time, the defense may challenge a core element of the charge.

Accused Person Was Not Acting as a Psychotherapist — Colorado’s definition of psychotherapist is broad, but it is not meaningless. Some cases involve coaches, mentors, spiritual advisors, consultants, educators, supervisors, or other professionals whose work may overlap with emotional support but may not legally qualify as psychotherapy. The defense may examine credentials, job duties, records, communications, billing, intake forms, and the nature of the services provided.

Alleged Victim Was Not a Client at the Relevant Time — Timing can be critical. A person may have once received services but no longer been in a psychotherapy relationship when the alleged conduct occurred. The defense may examine termination records, discharge notes, appointment history, billing records, referral records, and communications showing whether the client relationship existed at the time of the alleged conduct.

No Sexual Contact, Penetration, or Intrusion Occurred — The defense may directly challenge the factual allegation. These cases sometimes turn on conflicting accounts, lack of physical evidence, inconsistent statements, delayed reporting, motive to fabricate, misunderstanding, or unreliable memory. A defense attorney carefully compares every statement, record, message, and piece of evidence to determine whether the prosecution can prove the alleged conduct beyond a reasonable doubt.

Overcharged Conduct — Even if some inappropriate conduct is alleged, the prosecution may charge the case more seriously than the evidence supports. A case charged as felony aggravated sexual assault may depend on whether the state can prove sexual penetration or sexual intrusion rather than contact alone. Challenging the classification of the alleged conduct can be critical to reducing the potential exposure.

No Knowing Conduct — The statute requires knowing conduct. The prosecution must prove the required mental state, not merely that an accusation was made. Depending on the facts, the defense may challenge whether the accused knowingly engaged in the alleged sexual conduct, knowingly acted in the capacity alleged, or knowingly caused the alleged act to occur.

No Therapeutic Deception — When the prosecution relies on therapeutic deception, it must prove that the accused represented that the sexual contact, penetration, or intrusion was consistent with or part of treatment. If the alleged statement was never made, was misunderstood, was not tied to the alleged conduct, or is unsupported by reliable evidence, the defense may challenge that theory directly.

Insufficient or Unreliable Evidence — These cases often depend heavily on statements, treatment notes, electronic communications, and interpretations of professional boundaries. A defense attorney evaluates whether the evidence is complete, whether statements changed over time, whether investigators ignored exculpatory evidence, whether therapy records were selectively interpreted, and whether the prosecution can prove the charge beyond a reasonable doubt.

Constitutional and Investigative Issues — Police interviews, search warrants, phone extractions, professional-record subpoenas, and seizure of therapy files can raise constitutional issues. If law enforcement obtained evidence unlawfully, exceeded the scope of a warrant, violated the accused person’s rights, or conducted an improper interrogation, the defense may seek suppression or other relief.

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Role of a Colorado Criminal Defense Attorney

Analyzing the Statutory Relationship — A defense attorney examines whether the accused person legally qualifies as a psychotherapist and whether the alleged victim legally qualifies as a client. This requires reviewing treatment records, appointment history, intake documents, billing records, scope-of-service documents, termination records, and the actual nature of the professional relationship.

Reviewing Communications and Digital Evidence — Text messages, emails, call logs, voicemails, social media messages, patient-portal messages, and scheduling records can be crucial. A defense attorney works to preserve, review, and contextualize communications rather than allowing the prosecution to present isolated excerpts without the surrounding history.

Examining Therapy Records and Professional Documentation — Therapy notes, treatment plans, diagnostic records, informed-consent forms, referral notes, and discharge summaries may become central evidence. The defense must evaluate what the records actually show, what they do not show, and whether the prosecution is overstating the meaning of professional documentation.

Challenging the Type of Alleged Sexual Conduct — The distinction between sexual contact, sexual intrusion, and sexual penetration can determine whether the case is charged as a misdemeanor or felony. A defense attorney closely examines the complainant’s statements, forensic evidence, medical evidence, and investigative reports to determine whether the charge matches the evidence.

Protecting Against Parallel Consequences — These cases may involve criminal prosecution, licensing-board proceedings, employment investigations, civil claims, and media attention. A defense attorney helps protect the accused person from making statements or strategic decisions in one forum that may damage the defense in another.

Negotiating When Appropriate — In some cases, the evidence may be weak enough to pursue dismissal. In others, the defense may seek reduced charges, carefully structured resolutions, or outcomes that limit long-term harm. Effective negotiation requires demonstrating the weaknesses in the prosecution’s proof and the risks the state faces if the case proceeds to trial.

Trial Representation in Sex Offense Cases — If the case proceeds to trial, the defense attorney must challenge the prosecution’s evidence, cross-examine witnesses carefully, explain complicated statutory definitions, address emotional bias, and keep the jury focused on proof beyond a reasonable doubt. In cases involving therapists, clients, and allegations of exploitation, disciplined trial advocacy is essential.

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Key Elements the Prosecution Must Prove

To convict a person of sexual assault on a client by a psychotherapist under C.R.S. § 18-3-405.5, the prosecution must generally prove beyond a reasonable doubt that:

  • the defendant acted knowingly;
  • the defendant subjected the alleged victim to sexual contact;
  • the defendant was a psychotherapist;
  • the alleged victim was a client of the psychotherapist, or the sexual contact occurred by means of therapeutic deception; and
  • the defendant acted without a legally recognized defense.

To convict a person of aggravated sexual assault on a client by a psychotherapist, the prosecution must generally prove beyond a reasonable doubt that:

  • the defendant acted knowingly;
  • the defendant inflicted sexual penetration or sexual intrusion on the alleged victim;
  • the defendant was a psychotherapist;
  • the alleged victim was a client of the psychotherapist, or the sexual penetration or intrusion occurred by means of therapeutic deception; and
  • the conduct satisfies the felony-level requirements of the statute.

Although client consent is not a defense under the statute, the prosecution still carries the burden of proving every required element beyond a reasonable doubt. Failure to prove any required element requires acquittal on that charge.

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Frequently Asked Questions

Is sexual assault of a client by a psychotherapist always a felony in Colorado?
No. The offense is a class 1 misdemeanor when it involves sexual contact. It becomes aggravated sexual assault on a client by a psychotherapist, a class 4 felony, when the allegation involves sexual penetration or sexual intrusion.

Can the client’s consent be used as a defense?
No. Under C.R.S. § 18-3-405.5, consent by the client to sexual penetration, intrusion, or contact is not a defense. However, the prosecution must still prove the psychotherapist-client relationship, the alleged sexual conduct, the required mental state, and every other element of the charged offense.

Who counts as a psychotherapist under Colorado law?
Colorado law defines psychotherapist broadly. The term may include people who perform or purport to perform psychotherapy, including licensed and certain unlicensed or registered professionals. Whether the accused person legally qualifies as a psychotherapist can be an important issue in some cases.

What is therapeutic deception?
Therapeutic deception generally means a representation by a psychotherapist that sexual contact, penetration, or intrusion is consistent with or part of the client’s treatment. If the prosecution relies on this theory, the defense must examine exactly what was allegedly said and whether the state can prove it.

Can a former client bring this type of accusation?
Potentially, but the timing and nature of the relationship matter. The prosecution may argue that the client relationship still existed or that the accused used the prior therapeutic relationship to facilitate the conduct. The defense may examine whether treatment had ended, whether the relationship was still professional, and whether the statute applies to the facts.

Does a conviction require sex offender registration?
A conviction for sexual assault of a client by a psychotherapist can trigger sex offender registration requirements in Colorado. The exact registration consequences depend on the conviction, sentence, and applicable law.

Can this charge affect a professional license?
Yes. For therapists, counselors, psychologists, psychiatrists, social workers, addiction counselors, and other treatment providers, an accusation alone may trigger licensing-board review, employment consequences, credentialing issues, and disciplinary proceedings. A conviction can lead to severe professional consequences, including suspension or loss of license.

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Additional Resources

Colorado Revised Statutes § 18-3-405.5 – Sexual Assault on a Client by a Psychotherapist — This is the primary Colorado statute defining sexual assault on a client by a psychotherapist and aggravated sexual assault on a client by a psychotherapist. It sets out the prohibited conduct, the misdemeanor and felony classifications, the rule that client consent is not a defense, and key definitions such as client, psychotherapist, psychotherapy, and therapeutic deception.

Colorado Revised Statutes § 18-3-401 – Definitions for Unlawful Sexual Behavior — This statute contains definitions used in Colorado sex offense cases, including sexual contact, sexual intrusion, and sexual penetration. These definitions can be important when determining whether a case is charged as a misdemeanor contact case or a felony penetration or intrusion case.

Colorado Revised Statutes § 16-22-103 – Sex Offender Registration — This statute governs Colorado sex offender registration requirements. A conviction for sexual assault of a client by a psychotherapist can trigger registration obligations, making this a critical collateral-consequence issue.

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Finding a Sexual Assault of a Client by a Psychotherapist Defense Attorney in Colorado

Sexual assault of a client by a psychotherapist charges are among the most personally and professionally damaging allegations a person can face. These cases can threaten freedom, reputation, career, licensure, family relationships, and future employment. They also involve complex legal questions about psychotherapy, client status, therapeutic deception, sexual conduct definitions, professional boundaries, and Colorado’s sex offense sentencing laws.

At the Law Office of Matthew A. Martin, P.C., we defend clients facing serious sex offense and professional-boundary allegations throughout Colorado. We investigate the evidence carefully, challenge unsupported accusations, protect our clients’ rights, and fight to reduce the risk of life-changing criminal and professional consequences.

If you are facing sexual assault of a client by a psychotherapist charges in Colorado, call (303) 725-0017 today to schedule your free consultation.

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