What Is Rape in Colorado?
In Colorado, rape is defined as engaging in sexual intercourse without the victim's consent or when they are unable to give consent. Sex is automatically considered nonconsensual when one party is inebriated or unconscious during the act. According to Colorado Revised Statutes (C.R.S.) § 18-3-402, any person who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault (rape).”
It's important to understand that sexual penetration must occur for the act to be considered rape as opposed to a lesser charge, such as attempted rape or unlawful sexual contact. Under the law, sexual penetration is any act that entails penetration of the vagina or anus with a body part or object.
Colorado Springs Rape Defense Attorneys
Defending Against Rape & Attempted Rape Charges in CO
While facing any criminal charge can be frightening, being accused of a sex crime can be all the more terrifying for defendants. If you're facing rape or attempted rape charges in Colorado, hiring an experienced rape defense attorney is nonnegotiable to avoid the serious and lasting penalties of a rape conviction.
Whether you’re facing felony charges for rape or lesser penalties for attempted rape or unlawful sexual contact, it’s crucial to consult with an experienced rape defense lawyer who can defend your rights and fight to reduce or drop the charges against you. At The Gasper Law Group, our firm understands how intimidating and overwhelming it can be to face such serious allegations.
Our attorneys are committed to defending the rights of defendants accused of rape and sexual assault in Colorado Springs and the surrounding areas. If you're facing rape charges, turn to our experienced rape defense lawyers for the skilled representation you need to clear your name and take back your life.
If you’ve been accused of rape, call (719) 212-2448 to schedule a free consultation with an aggressive rape defense lawyer.
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.
Rape vs. Attempted Rape
Attempted rape is considered a “lesser included offense” of rape, meaning that it includes many of the same elements but falls short of being a completed act. Attempted rape is defined as when someone takes a substantial step towards committing sexual penetration without consent, but doesn’t complete the act. This could include actions such as trying to remove the victim's clothing or physically restraining them in an attempt to engage in sexual activity.
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What Are the Penalties for Rape in Colorado?
Rape and attempted rape are one of the most serious crimes any person can face. A conviction for rape (sexual assault) can result in severe penalties. The criminal consequences of a rape conviction can vary based on certain factors, such as:
- The type of offense
- The age of the victim
- Whether the defendant has prior convictions
Under state law, "rape" can be classified as one of three degrees. These include:
- Rape in the first degree. This is the most serious type of rape and is charged when the defendant uses a deadly weapon, causes serious bodily injury, or drugs the victim.
- Rape in the second degree. This is charged when the defendant does not use a deadly weapon or drugs but uses force or threatens to use force on the victim. It is a more serious charge than rape in the first degree.
- Rape in the third degree. This is the least serious type of rape and is charged when the defendant does not use force or drugs but has sexual intercourse with a victim who is incapable of consent by reason of being physically helpless, mentally incapacitated, or developmentally disabled.
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Felony Convictions for Rape
Depending on the unique circumstances of the rape offense, rape defendants can face various types of felony charges for rape, with each class entailing varying “classes” of severity and associated penalties. These felony classes include:
- Class 4 Felony: At its least severe, rape offenses committed without force or aggravating circumstances are generally charged as Class 4 felonies. A conviction is punishable by 2 to 8 years in prison and $2,000 to $5,000 in fines.
- Class 3 Felony: A rape offense can be charged as a Class 3 felony punishable by 4 to 16 years in prison and $4,000 to $750,000 in fines if sexual penetration occurred through physical force or violence, threat of force or violence, nonconsensual drugging, or threat of future retaliation against the victim or a loved one.
- Class 2 Felony: Rape offenses can be charged as Class 2 felonies punishable by 8 to 24 years in prison and $5,000 to $1 million in fines when the defendant was assisted by one or more individuals, accomplished acts through the use of an actual or deadly weapon, or when the victim suffers serious bodily injury.
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Unlawful Sexual Contact vs. Rape in Colorado
Unlawful sexual contact charges can result from a range of behaviors, including petting, nonconsensual groping, and any other act that entails knowingly touching a person’s intimate areas without consent. This charge can also apply when defendants expose intimate parts of the body to minors, which includes any person under the age of 17.
If the prosecution cannot prove that sexual penetration occurred in a rape case, the defendant will typically be charged with unlawful sexual contact. This is generally considered a Class 1 misdemeanor with “extraordinary risk.” This offense is punishable by:
- 6 months to 2 years in jail
- $500 to $5,000 in fines
However, similarly to rape offenses, unlawful sexual contact can be enhanced to felony charges if there are aggravating factors involved, such as force/use of force, drugging, intimidation, or coercion. A felony charge for unlawful sexual contact is punishable by:
- 2 to 8 years in prison
- $2,000 to $500,000 in fines
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Common Defenses Against Rape Charges
If you’re facing charges for rape or a related sexual offense, securing a strong defense is imperative to avoid the life-altering criminal penalties of a rape conviction. A qualified rape defense attorney can evaluate the unique dynamics of your case and help determine an effective strategy to employ in your defense.
Common legal strategies to defend against rape charges include:
- Consent: One of the most common defenses against rape charges is that the sexual act was consensual. If the defense attorney can prove that both parties agreed to the sexual activity, the charges may be reduced or even dismissed.
- Mistaken Identity: Many rape cases rely on victim testimony or eyewitness accounts. If the defendant can provide solid evidence that they were not present at the scene of the alleged crime, they may be able to argue that the victim or eyewitnesses have made a mistake in identifying the perpetrator.
- False Accusation: In some instances, the defendant might argue that they have been falsely accused of rape. This defense strategy requires proving that the accuser has a reason to lie about the incident, such as seeking revenge, obtaining custody of children, or gaining attention.
- Insufficient Evidence: This defense strategy argues can be effective when the prosecution cannot prove the rape allegations beyond a reasonable doubt. This may occur for various reasons, such as a lack of physical evidence, inconsistent testimonies, or inability to prove the use of force or threat.
- Alibi: If the accused can prove that they were somewhere else when the alleged rape occurred, they can use this information as an alibi. This defense requires substantial evidence, such as video footage, credit card transactions, or witnesses testifying to the defendant's whereabouts at the time of the alleged crime.
Regardless of the rape charges you’re facing, it’s vital to consult with a trusted rape defense attorney who can assess the allegations against you and determine which defense strategy would be most appropriate and effective to employ in your unique case.
Contact an Aggressive Defense Lawyer in Colorado Springs
At The Gasper Law Group, our seasoned defense attorneys have nearly twenty years of experience defending the accused in Colorado Springs and beyond. Our dedicated firm has extensive knowledge of criminal law and sex crimes, making us well-equipped to defend defendants facing a variety of criminal charges, from DUI to drug trafficking.
We understand how terrifying it can be to face life-changing consequences after one poor decision or misunderstanding, which is why our aggressive team is committed to restoring your freedom and preserving your hard-earned reputation. Whether you made a poor decision due to extenuating circumstances or were unaware of your actions at the time of the offense, The Gasper Law Group can work tirelessly to drop or reduce the charges against you in your criminal case.
If you’ve been charged with a rape offense, our knowledgeable defense attorneys can aggressively defend your rights. Contact us online to discuss your case.
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