By George Brauchler Child rapists can still get probation in Colorado thanks to six Democrats on the House Judiciary Committee. On March 12, state Reps. Javier Mabrey (Denver), Michael Carter (Adams, Arapahoe), Jennifer Bacon (Denver), Cecelia Espenoza (Denver), Lorena Garcia (Adams, Jefferson), and Tara Zokaie (Larimer) each voted to prevent the promise of prison for those who sexually assault Colorado children. Every aspect of the March 12 hearing, including the substance of the questions asked and rationale for opposing prison, as advanced by the Democrat committee members — highlights the results of one-party domination in our state and the extreme disconnect between the Democrat Legislature and Coloradans.

To recap the current (and ongoing) despicable legal situation regarding child rape, Colorado law allows someone who rapes a child to get probation, as long as they only rape the child once. The same law allows someone who rapes two, thee — any number of children — to be probation eligible if they only rape each child once. That legal fact remains true even if the rapist is a teacher, coach, member of clergy or parent.

Nobody at your work, in your neighborhood, or in your life would believe that legal fact. Here in Colorado, it is true.

Enter the bipartisan duo of child protectors state Reps. Brandi Bradley, R-Douglas, and Regina English, D-El Paso, to offer a bill to fix that inexplicable injustice by mandating prison for those convicted of sexually assaulting children.

You likely did not know this was the law, nor that the Democrats in the House Judiciary Committee killed that common sense, child protecting bill. That is by design. Of the four bills scheduled to be heard by the Judiciary Committee on the afternoon of the 12th, two bills had 10 witnesses signed up, one had two witnesses, and the prison for child rapists bill had 50. Guess which one the Democrats scheduled last. It was not heard until after 5 P.M., well past the time an understaffed and otherwise distracted mainstream media would cover this important hearing.

I testified at the hearing that evening (in favor of mandated prison for child rapists) and left after 10 p.m. The hearing lasted until 2:15 the next morning. The audio of that hearing is available online and you should listen to it. Here is what you missed.

The first panel of criminal defense attorneys misled and outright lied to the judiciary committee with no pushback from the Democrats, including Rep. Carter, who is a criminal defense attorney who has represented child rapists in court, and Rep. Espenoza, who is a former prosecutor and judge. One defense attorney claimed that if the law passed, anyone “accused” of sexually assaulting a child would have to go to prison. She had to retract that after Republican Jarvis Caldwell called her out. That same defense attorney also falsely claimed that a man who was on a bus whose hand merely grazed a child’s backside would be prosecuted and face prison. Utter garbage. The law requires proof beyond a reasonable doubt that any sexual assault be for the purpose of sexual gratification. Zero pushback from Democrat attorneys on the committee. Another former public defender claimed his client was denied a preliminary hearing to challenge the sex assault charges against him (he described how much his client’s minor children really enjoyed his massages) because his client was “out of custody.” Impossible. Every sexual assault on a child charge provides a right to a preliminary no matter what. It is unclear whether that attorney knows the law in this area. The defense attorneys bemoaned how challenging it would be to tell their accused child rapist clients that they may have to go to prison if the law were to pass and a jury were to convict them.

The former head of the Colorado Criminal Defense Bar testified passionately about how well the current system works. “Trust me,” he said, the probation that child rapists must endure is truly vigorous and there is no toleration for violating its terms. Again, utter nonsense. On average, child rapists on probation in Colorado are revoked for violating their “super intense” probation three times before they face prison. Coincidentally, that defense attorney’s law partner represented a youth pastor in Arapahoe County who groomed and sexually assaulted a child in his congregation. After a unanimous jury convicted his client, the judge (who is no longer a judge) gave probation.

I testified alongside Arapahoe County Sheriff Tyler Brown (a Democrat), and two subject matter experts in child sexual assault cases, including my chief prosecutor of our SVU. They provided what the defense attorneys did not: evidence, data, facts — and truth. The Democrats had many, many questions for our panel.

We testified for over an hour. The rest of the hearing, which is available online, contained some interesting and troubling comments.

The state public defender’s lobbyist, who predictably testified against greater accountability for child rapists, admitted that Colorado has “one of the most complicated sentencing schemes in the country” and that “we don’t have certainty in sentencing.” Duh. One way to uncomplicate it and provide more certainty is to ensure a prison sentence for every child rapist. At one point, Espenoza —the former judge — said she was troubled by the legislation because she struggled to reconcile it with the fact that “in November, the voters said to us that we want people to serve … at least half of their sentences.” Huh? In November, Colorado voters mandated that violent felons serve at least 85 percent of their prison sentences before being paroled. How is that confusing or inconsistent with mandating prison for child rapists?

In the early hours of the following morning, just prior to their vote, committee members had a chance to sum up their thoughts.

Zokaie worried that mandating prison for child rapists would make trials last longer, because victims would be forced to endure “psychological exams.” What? She voted “no.”

Espenoza’s comments suggested her opposition to all mandatory sentences of any kind, as well as eliminating the indeterminate sentences imprisoned child rapists currently face (they currently have to agree to and get treatment before we send them back to our neighborhoods). She voted “no.”

Mabrey praised the courage of the many victims who testified in favor of the bill and said “Our system of how we treat sex offenders in the state of Colorado is broken…there are people who are serving too short of sentences…” He went on to say “When children are harmed in these ways…the people who committed the act should be punished…” And then voted against the bill.

Garcia appeared to voice opposition to prison for anyone for any crime, stating “we are sentencing them to inhumane torture (prison). … I won’t be a part of that. … I cannot participate in creating more victims.” So, prison victimizes the victimizers? Another “no” vote.

Committee member and Republican Rep. Rebecca Keltie said “the fact that we have to debate this blows my mind.” She voted “yes.”

Another committee Republican, Rep. Matt Soper, commented that “some of the stories we have heard today shock the soul…” A “yes” vote.

Republican Caldwell may have predicted the future when he said, “If you put this bill on the ballot, it would pass overwhelmingly…I have no doubt about that.”

I don’t doubt it either. Let’s find out in November 2026, when each of these committee members will also be on the ballot.