What Constitutes Sexual Assault (Rape) in Colorado?
Sexual assault is a serious criminal offense codified in Colorado Revised Statutes (C.R.S.) §18-3-402. Also known as rape, sexual assault is committed when a person engages in sexual contact or penetration without consent, or with someone who is physically helpless or mentally incapacitated, such as having sexual relations with individuals who are intoxicated or unconscious.
Under Colorado law, sexual assault is defined as any knowing act of sexual penetration committed:
- Against the victim’s will
- When the victim is inebriated, under the influence of drugs, or otherwise mentally incapacitated
- When the victim is physically helpless, such as being asleep
Keep in mind that sexual assault isn’t limited to vaginal penetration, but encompasses many different sexual behaviors.Common acts that qualify as sexual assault include:
- Vaginal intercourse
- Oral sex
- Anal sex
- Fingering
- Penetration with foreign objects
What Are the Penalties for Sexual Assault?
Sexual assault charges can result in harsh penalties if convicted. In Colorado, sexual assault is a felony offense punishable by:
- 2 years to life in prison
- Mandatory sex offender registration
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Types of Sexual Assault Offenses
There are various types of sexual assault offenses that defendants can face, including:
- Statutory Rape: Statutory rape is a type of sexual assault offense codified in C.R.S. §18-3-402. A person commits statutory rape when they engage in sexual intercourse with a minor who is between 15 and 17 years old and the defendant is at least ten years older than the minor.
- Sexual Assault on a Child: Under C.R.S. §18-3-405, a person commits sexual assault on a child if they engage in any sexual act with a child under the age of 15 or encourage a child to engage in any sexual act.
- Attempted Rape: A person can face criminal charges for attempted rape when they attempt to engage in sexual intercourse with another person without their consent.
- Aggravated Sexual Assault: This type of sexual assault is a more serious offense that involves the use of force, threat of use of force, or violence to commit sexual assault (“aggravating factors”). Aggravated sexual assault offenses can involve a range of aggravating factors, such as the use of deadly weapons or inflicting serious bodily injury on the victim. Defendants charged with aggravated sexual assault will face enhanced criminal penalties in court.
Being convicted of a sex crime can have severe consequences that can impact every aspect of your life, including your relationships, employment opportunities, and future. Consulting with an experienced defense attorney is crucial to avoid the harsh and lasting consequences of a criminal conviction.
Defending Against Sexual Assault in Colorado
There are numerous ways to defend against sexual assault charges. Common defense strategies include:
- Consent: One of the more common defenses against sexual assault charges is that the alleged victim consented to the sexual act. Consent must be voluntary, knowing, and given without coercion. This defense may involve providing evidence that suggests the accuser agreed to the sexual act at the time it occurred.
- False accusation: This defense strategy involves proving that the accuser is lying about the sexual assault. This could involve presenting evidence that contradicts the accuser’s story or highlighting inconsistencies in the accuser's statements.
- Alibi: This defense involves proving that the defendant could not have committed the alleged sexual assault because they were somewhere else at the time of the alleged incident. Evidence to support an alibi defense could include video footage, eyewitness testimony, or other proof of the defendant's whereabouts.
- Mistaken identity: The mistaken identity defense involves showing that the accused is not the actual perpetrator of the sexual assault. This could involve presenting evidence that suggests someone else committed the crime or that the accuser incorrectly identified the defendant as the perpetrator.
- Insufficient evidence: This defense involves arguing that there is not enough evidence to prove beyond a reasonable doubt that the defendant committed the sexual assault. This might involve questioning the reliability of the evidence provided by the prosecution or suggesting that key pieces of evidence are missing.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Colorado Springs Sexual Assault Defense Lawyers
Defending Your Rights Against Sexual Assault Charges
A sexual assault conviction can result in disastrous lifelong consequences for defendants, including jail time, reputational damage, and loss of employment opportunities. That's why it's crucial to have a skilled defense team on your side to protect your freedom. At The Gasper Law Group, we understand how scary it can be to be charged with a sex crime, which is why our sexual assault defense lawyers are committed to defending the rights of the accused in Colorado Springs and beyond.
Sexual assault charges are taken very seriously and can lead to serious penalties if convicted, which is why consulting with a sexual assault defense lawyer is essential to protecting your rights in criminal court. We can collaborate closely with you to examine the unique factors in your cause and determine an effective defense strategy to employ on your behalf. With nearly twenty years of experience defending the rights of the accused, turn to our firm for the passionate and experienced representation you need to clear your name and protect your hard-earned reputation.
A sexual assault conviction can lead to life-changing penalties. Contact us online to discuss your case with a seasoned defense attorney in Colorado Springs.
Contact an Aggressive Sexual Assault Defense Attorney
From sexual assault to child pornography to failure to register as a sex offender, sex offenses can result in life-altering consequences if convicted. That’s why our fierce criminal defense lawyers at The Gasper Law Group are here to aggressively defend your rights. From fortifying your defense with credible evidence to negotiating the terms of your sentence, our seasoned attorneys are well-equipped to prioritize your case with urgency and clarity. With decades of legal experience and extensive knowledge of criminal law, you can trust our passionate team to defend your rights from start to finish while working tirelessly to restore your freedom.
If you were charged with sexual assault, securing a strong defense is imperative to safeguard your freedom. Call (719) 212-2448 to schedule a free consultation.
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