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People v. Christopher M. Melichar
Christopher Melichar, who at the time was a public defender in El Paso County, began a sexual relationship with a woman in August 2020. Melichar later learned the woman was married and had children. The relationship lasted about six months, during which the woman sent Melichar nude pictures of herself. Melichar also took nude pictures of the woman, and he recorded videos of their sexual encounters, according to the court opinion. After the relationship ended, Melichar sent many text messages to the woman, threatening to share the photos and videos with her husband.
On April 3, 2021, Melichar sent her a text message saying she “need[s] to earn everything. I have videos.” Later, Melichar told her he didn’t want anything to stop him from sending the videos to her husband. The woman replied via text, telling Melichar she hadn’t given him consent to take videos of her, and wasn’t able to consent at the time he recorded them. Melichar responded that her voluntary intoxication was no defense, according to court records. When the woman didn’t resume a sexual relationship with Melichar, he sent photos and videos to her husband.
The woman’s husband notified the police on April 5, 2021. As part of the law enforcement investigation, the woman reported Melichar had photos and videos of her that were taken without her consent. Melichar was arrested and charged with a class-one misdemeanor of posting a private image for harassment. On May 28, 2021, Melichar pleaded guilty to posting a private image for harassment, which includes the elements of intent as well as the victim’s lack of consent, her reasonable expectation that an image would remain private and her serious emotional distress. Melichar was sentenced to twenty-four months of supervised probation, including domestic violence counseling, which he has completed, according to court documents.
The Presiding Disciplinary Judge approved Melichar’s amended stipulation to discipline and suspended him for one year and one day, with 90 days to be served and the remainder to be stayed pending his successful completion of a three-year conditional probation. In approving the sanction, the Presiding Disciplinary Judge considered the stipulated unique circumstances of the case. The suspension will take effect May 11.