O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Sexual Assault Rape Shield = Truth Shield in Denver Colorado Courts

Rape-Shield.jpgRape Shield Law in Sexual Assault Cases Prevents the Jury from Knowing the Truth in Jefferson County - Colorado Lawyers Understand

We are inundated with Sexual Assault cases in Jefferson County and other state courts. Men are being accused of sexual assault by teenagers and young women. Whether consensual sex occurred or not doesn't matter. With teens, their boyfriend can be accused if he is more than four years older. With young adult women, charges normally involve alcohol and regrets the next morning. If the woman or teenager has a history of accusing men, Colorado lawmakers have made it easy for District Attorneys to keep that evidence out. After all, we don't want anyone being acquitted, right? Rape Shield and the Presumption of Guilt.

What is the Rape Shield Law in Denver Sexual Assault Cases?

Colorado's Rape Shield law is designed to prevent defense lawyers from telling the jury that a teenager or young woman's sexual history. The point goal is that irrelevant former experiences only embarrass the alleged victim and don't serve any useful purpose. However, the reach of this law also includes keeping the jury from learning of prior allegations against men which the defense contends were FALSE allegations. While the law is supposed to allow false allegations to come to the jury, judges are keeping them out unless the defense can prove they were false. This makes it nearly impossible to bring in false allegations in Denver courts, and supports a presumption of guilt. As a result, a teenager can accuse five men of sexually assaulting her and the jury will never hear of it. Like many well-meaning laws, the government has increased the likelihood that men will be convicted of sexual assault charges.

False Allegations in Sexual Assault Arapahoe County Cases - Help Prove the Truth

False allegations in Aurora and Arapahoe County Sexual Assault cases inform the jury that an alleged victim is in the habit of accusing men. It is powerful evidence and should be allowed to come before the jury. Our elected officials have made another sloppy law and judges are using that law to prevent the jury from knowing the full story of someone. Did you know that if a man has been accused before it comes before the jury, but if a woman or child has accused someone before, the jury will never hear of it? It makes no sense.

Adams County Sexual Assault Cases and Rape Shield Blocks - Defense Lawyers Know its Unfair

In Adams County District Court, sexual assault allegations are serious business, with the potential for a lifetime in prison sentence. Evidence of prior accusations should be allowed. We continue to see Colorado's lawmakers finding ways to make it easier for convictions by preventing the defense from doing their job: educating the jury on the whole case - both sides.

Douglas County Sexual Assault Attorneys and Lawyers on the Rape Shield Law

The Rape Shield law was designed to serve a decent purpose, but is written far broader than necessary. Why prevent prior allegations of sexual assault from ever coming before the jury. In Castle Rock and Douglas County, we know juries want to know the whole story. They are plenty smart enough to figure out who is telling the truth when they know everything. Regrettably, victims' rights groups pressure lawmakers into changing the law to benefit the accuser. It is a shame that we have lawmakers who are more concerned with getting reelected than with ensuring a fair, truth finding process at trial.

Call the top Rape Shield Sexual Assault lawyers at 303-731-0719. Never speak with the police. Together, we can protect your future.

Image Credit: Pixabay - Elionas

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.