Sexual Assault Felony Charges in Colorado

Colorado Sexual Assault/Rape

Here are the specific statutory requirements your Colorado criminal lawyer will need to refute in order to defend a felony charge of sexual assault/rape in Adams County, Denver County, Summit County, Arapahoe County, Jefferson County, Douglas County and other Colorado counties.

Colorado Revised Statutes (C.R.S.) 18-3-402 Felony Sexual Assault

Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

  • The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will
  • The actor knows that the victim is incapable of appraising the nature of the victim's conduct
  • The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse
  • At the time of the commission of the act, the victim is less than 15 years of age and the actor is at least four years older than the victim and is not the spouse of the victim
  • At the time of the commission of the act, the victim is at least 15 years of age, but less than 17 years of age, and the actor is at least 10 years older than the victim and is not the spouse of the victim
  • The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search
  • The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices
  • The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented

This crime can be charged in Denver County, Colorado, or other Colorado counties as either a Class 2, 3 or 4 felony, and is often referred to as rape. As Colorado criminal lawyers working in Denver, Colorado, and nearby in Arapahoe County, Douglas County, Jefferson County, Weld County, Larimer County and Adams County, we often see sexual assault/rape charges when there are allegations that a person forced his or her date or someone he or she met at a party, to have sex. Other common scenarios include a woman whose sexual activity with another is discovered by her boyfriend or family, and she wants to save face. We also see this rape charge when, after consuming a large amount of alcohol, a woman wakes the next morning to discover she's had sexual intercourse with a new acquaintance and has an incomplete memory of giving consent. In each of these cases, it is critical that our clients not give any statements to the police, and make a record of the names of witnesses present just before, during, or after the reported sexual contact.

It is important to realize that sex offender sentencing in this felony matter generally involves some type of Indeterminate Sentencing. This is unique to sex offenses in Colorado. A sentence of this type requires the court to give the defendant a minimum sentence, but no maximum.  The upper limit is left open, with the maximum being the defendant's natural life — or a lifetime sentence.  Whether in prison, or during a probation sentence, all sex offenders must participate in Sex Offender Treatment.  Visit our Sex Offender Treatment Questions and Answer pages, for more information.

Because a sexual assault/rape conviction can lead to life in prison, it is important that you take these charges seriously and contact one of our experience Colorado criminal lawyers at once. You need to consult a Colorado criminal attorney who regularly defends the accused in rape cases in Adams County, Denver County, Weld County, Elbert County, Arapahoe County, Jefferson County, Douglas County and other Colorado counties. At the O'Malley Law Office, P.C., we have been aggressively defending people charged with sexual assault for 18 years and can put that experience to work in your rape case. Be smart, exercise your right to remain silent, and contact us immediately at 303-731-0719. Together, we can protect your future.

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