Denver criminal defense attorneys know the drill all too well. A woman and man are drinking too much and make the poor decision to have sex. Neither is in the position to be making important choices. The next day, the woman learns that one of her friends heard of the encounter and is telling others. To save face, the woman claims it was Sexual Assault. Now the story really begins to grow, and another friend calls the police to report these allegations. It is too late for the woman to retract, and lacking character, she sticks to her lie and tells police she was raped. The man is blown away when he is arrested in Denver for Felony Sexual Assault against this woman. Read how police investigate a Sexual Assault allegation.
The Definition of Sexual Assault and Rape in Adams and Douglas County
Sexual Assault, or Rape, in Douglas and Adams County, involves forced sexual penetration, or sexual intercourse without the ability to consent. Sex without consent when someone is incapacitated, is treated the same as forced sex. In many cases, the woman claims she was too drunk to give informed consent for sex. No one seems to consider that the man was drunk as well. He just doesn’t claim he was victimized.
The formal definition of Rape and Sexual Assault is:
A person commits Sexual Assault if they knowingly inflict sexual intrusion or sexual penetration on a victim, and,
- The defendant knew that the victim was incapable of appraising the nature of the victim’s conduct, or,
- The victim is physically helpless and the defendant knows the victim is physically helpless, and the victim has not consented, or,
- The defendant knew that the victim submits erroneously, believing the actor to be the victim’s spouse, or,
- The defendant caused submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will, or,
- The victim is in custody of law or detained in a hospital or other institution and the defendant has “supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim, or,
- At the time of the act, the victim is at least fifteen years of age but less than seventeen years of age and the defendant is at least ten years older than the victim and is not the spouse of the victim.
Severe Consequences of a Colorado Sexual Assault Conviction
All of the examples listed above can be charged as Sexual Assault. When a person is convicted of rape, they generally are required to register as a sex offender for the rest of their lives. They also face the possibility of a lifetime prison sentence. This is known as an “indeterminate sentence.” Finally, anyone who is granted probation, will be required to submit to supervision in Englewood and Aurora for many years, and possibly lifetime. Colorado’s laws for Sexual Assault are overly tough – pleasing politicians that they can claim they were “tough on crime” when passing ridiculously tough sentences. It does not take a lifetime of imprisonment, parole or probation supervision to ensure public safety. Plus, the Sexual Assault probation supervision in Arapahoe County and Jefferson County is insanely strict, barely allowing a person to work, live at home, or shop for groceries. We waste millions of dollars on overly strict monitoring of persons who are not a risk to anyone. Fearing a possible loss of their job, government officials impose these strict conditions anyway.
Our Sexual Assault criminal defense lawyers know the system well. We know how to take a case to trial and obtain a jury acquittal from sex offense charges. Call us for a free consultation at one of our locations. Never answer questions of police wanting to know your position on the charges. Together, we can protect your future.