‘Double Standard’ Woman accused of sexually assaulting 13-year-old, getting pregnant avoids jail time

FOUNTAIN, Colo. (KRDO)-- A Fountain woman accused of sexually assaulting a 13-year-old boy and giving birth to his child will avoid jail time.

According to arrest documents, Andrea Serrano claims she was "drunk" and "high on marijuana" when the alleged sexual assault happened in 2022. She was 31 at the time and the victim was 13.

Fountain Police said Serrano allegedly told her therapist that she was pregnant and that's what triggered the investigation.

According to the affidavit, Serrano said the victim "looked at her like a mother figure and even called her mom."

Police said the alleged sexual assault resulted in Serrano getting pregnant. She has since given birth.

Serrano initially faced the charges of Sexual Assault on a Child by One in a Position of Trust (F3) and Sexual Assault on a Child (F4). However, thanks to a plea deal, she'll avoid further jail time altogether.

Thursday, Serrano agreed to a deal offered by the 4th Judicial District Attorney's Office. She pled guilty to incest, a sentence that will keep her out of prison.

After handing down the deal, the victim's mother reached out to KRDO.

The victim's mother, whom KRDO is not identifying, said despite the incest charge, the boy and Serrano have no relation. She also said she made it known to the DA's Office she wasn't okay with the plea deal.

"There's no blood relation, there should be no incest charge being allowed," the victim's mother said.

She believes there's been a double standard at play, and had her child been assaulted by a man, things might've played out differently.

"Had my son been a little girl, and had this been a 31-year-old man, they would be seeking incarceration, which they are not," she continued. "I don't think that (The 4th Judicial District Attorney's office) realizes that boy or girl, this is going to follow him for the rest of his life."

Still, defense attorney Jeremy Loew said giving someone a charge they aren't guilty of isn't abnormal.

"Oftentimes, there are plea bargains that get people to what's called essentially fictional pleas," Loew said of the charge.

The woman said her son wanted the suspect prosecuted too and that a 'fictional plea' shouldn't have been offered.

"I feel like she's getting a slap on the wrist for a crime that shouldn't be taken lightly. It's a double standard in my eyes."

The 4th Judicial District Attorney's Office declined to speak with KRDO about the case because Serrano has not been sentenced yet.

KRDO called a phone number listed under Serrano's name and subsequently spoke with Serrano's mother. She said the baby is in the NICU and claims that a paternity test has not been done to prove it's the victim's child.

To get help from the National Sexual Assault Hotline, call 1-800-656-4673 or online here.