One of the most frequent calls we get to our criminal defense law firm involves the question of the Age of Consent (permission for sexual contact of any kind) in Jefferson County. Sexual Assault involving sexual intercourse and sexual touching are always legal when both parties are over 18 and the contact is consensual or by agreement. In fact, for this blog, let’s assume the sexual experience is consensual – both sides are ok with the contact. If there is force involved, none of these rules apply. Of course, the exception to the rule that consensual sex is ok, is when the sexual contact is between a child and an adult. Children are unable to give consent to sexual contact with an adult (who is over 4 years older than them). Some people call this Statutory Rape.
Children and Agreement for Sex – What is the Age of Consent in Denver and Arapahoe County?
It depends. In fact, it depends a lot. Here is the basic rule on the legal age for sex: If we are talking about one person over the age of eighteen, the child under eighteen must be within four years. If we are talking about two kids under the age of 18, they must be within four years. In other words, it does not matter if the older person is above or below the age of 18, they must be less than four years older than the other person (child). Being within this four year range will prevent the government from charging someone with Statutory Rape, Sexual Assault on a Child or just Sexual Assault.
Sexual Age of Consent or Permission in Douglas and Adams County – Other Exceptions Like Position of Trust
When a child is at least 15 years old, things get interesting in determining the legal age for sex. The government in Adams and Douglas County will not charge a felony sexual assault crime as long as there is no position of trust involved. POT, or Position of Trust, means that the older person is a teacher, babysitter, counselor, etc. You can still get charged with a felony if you are in a position of trust and your sexual partner is 15, 16 or 17 years old. But, if there is not a position of trust, a person at least 10 years older than the child will only be charged with a misdemeanor crime for sex with a child who is 15 or 16 years old. Once a child hits 17, they can have sex with anyone as long as there is no position of trust. Of course, a child less than 15 cannot give consent to sex with anyone more than 4 years older. This means a 13 year old can consent to sex with a 13, 14, 15,16 or 17 year old, as long as the 17 year old is within four years. They cannot agree to sex if the other person is more than four years older.
Colorado Sexual Contact Law and Consent at 17 Years of Age
Our criminal defense attorneys in Jefferson County know that the age of consent no longer applies to kids who are at least 17 years old, provided there is no position of trust. Position of trust can be easy to establish, so be careful. Even a 23 year old (outside 4 years) can be in a position of trust. Imagine the mom or dad who gave permission for a youth leader at church to give a girl a ride home. That is position of trust. He acted in a position of responsibility and supervision over the child. Both in the car and as the youth leader, he was in a responsibility position with respect to the 17 year old.
Our criminal defense lawyers know the Age of Consent rules regarding sexual touch of any kind. Never talk with police, since they are only gathering information to use against you. They are not your friend. We can help. Call us at 303-731-0719 for a free initial consultation in Denver. Together, we can protect your future.