Charged With A Crime? It Doesn’t Mean You’re Guilty.

Weld County Indeterminate Sentence: Sex Assault, C.R.S. 18-3-402

| Sep 26, 2012 | Sexual Assault |

A 23-year-old Weld County, Colorado man was sentenced to 10 years to life in prison for Sexual Assault (C.R.S. 18-3-402) of an intoxicated 17-year-old girl at a party. His sentence comes a few months after he was convicted of the crime in Weld County District Court.

A conviction for Sexual Assault, along with most sexually based crimes, subjects a person to Indeterminate Sentencing in Adams, Denver, and Arapahoe County, Colorado. Many sex offenses also carry mandatory minimum sentences, which is why the man in this case will serve a minimum 10 year sentence. The upper limit is left open to the Department of Correction’s Colorado Parole Board based on various considerations including their own political pressures. Indeterminate sentences are particularly harsh, because an inmate’s release will likely not be quick and will likely not happen until well past the mandatory minimum sentence. Even after release, a person convicted of a sex offense will likely spend the rest of his or her life on parole and as a registered sex offender.

The other interesting aspect of this case is that this alleged victim was intoxicated at the time of the sexual assault. In cases like this, it seems horribly unjust to send a young man to prison for the majority of his life based on the allegations of someone who likely consented to sex while under the influence, and then had a change of heart the next morning. Perhaps it would be more just to hold both parties equally accountable for the stupid decisions they make while drunk.

At the O’Malley Law Office we specialize in handling sexually based offenses all over Colorado, including in Douglas, Weld, and Jefferson County. These cases are especially terrifying for our clients because often they stem from the allegations of one person with no other witnesses or corroborating evidence and also because of the harsh penalties facing sex offenders. If you are being investigated by the Aurora, Thornton, or Westminster police on suspicion of a sex crime, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.