Ferguson V. People

The question in this case is whether section 18-3-405.5, 8B C.R.S. (1988 Supp.), which proscribes as a class 4 felony the knowing infliction of sexual penetration by a psychotherapist on a client, is unconstitutionally overbroad in violation of the substantive due process rights of an accused, is violative of equal protection of the laws, or creates an unconstitutional presumption regarding a client's lack of capacity to consent and thereby relieves the prosecution of any burden of proof on the defendant's culpable mental state. The district court, in denying a motion for a judgment of acquittal following a jury verdict finding the defendant-psychotherapist guilty of four counts of aggravated sexual assault, upheld the constitutionality of the statutory proscription. We affirm the judgment of the district court.*fn1