Understanding Sexual Assault Laws in Colorado

The state of Colorado takes sexual assault cases extremely seriously, and it is essential to begin building your defense with an aggressive criminal defense attorney in Colorado today.

Sexual Assault Colorado

Defining Sexual Assault Under Colorado Law

Under Colorado Revised Statutes § 18-3-402, a person commits sexual assault if she or he “knowingly inflicts sexual intrusion or sexual penetration on a victim” and any of the following are also true:

  • Act is against victim’s will;
  • Actor knows that the victim cannot appraise the nature of the victim’s conduct;
  • Victim submits erroneously, believing that the actor is the victim’s spouse;
  • Victim is less than 15 years of age and actor is at least 4 years older than the victim (and not the victim’s spouse);
  • Victim is at least 15 years of age but less than 17 years of age and actor is at least 10 years older than the victim (and not the victim’s spouse);
  • While victim is in the custody of law enforcement or detained in a hospital, actor uses his or her supervisory or disciplinary authority over the victim to coerce the victim;
  • Actor purports to offer a medical service and engages in conduct with the victim that is not for a bona fide medical purpose or that is in a manner substantially inconsistent with medical practices; or
  • Victim is physically helpless and actor knows that victim is helpless and has not given consent.

Sexual assault as it is defined under Colorado law includes the crimes of rape and statutory rape.

Penalties for Colorado Sexual Assault

In Colorado, all sexual assault charges are felony charges. Depending upon the specific facts of the case, sexual assault can be anywhere from a class 4 felony to a class 2 felony. The following are consequences of each type of felony conviction:

  • Class 4 felony: 2-6 years in prison;
  • Class 3 felony: 4-12 years in prison; and
  • Class 2 felony: 8-24 years in prison.

Registering as a Sex Offender in Colorado

If you are convicted of sexual assault, you will be required to register as a sex offender. This means that your name and information will be entered into the sex offender registry with the Colorado Bureau of Investigation, and the following information will be available:

  • Your name;
  • Your address;
  • Your date of birth;
  • Your physical description;
  • Crime(s) for which you have been convicted;
  • Date(s) of your conviction(s);
  • Your modus operandi; and
  • Whether you have “sexually violent predator” designation.

Contact a Colorado Sexual Assault Defense Attorney

When you are facing charges for sexual assault in Colorado, it is extremely important to work with an experienced Colorado criminal defense attorney. Sexual assault charges can result in an extended period of imprisonment among other negative consequences.

When a person is convicted of a sex crime, that conviction stays with the person for the rest of his or her life. Even if you are convicted of sexual assault and serve your sentence, you will need to register as a sex offender, and your status as a sex offender can prevent you from getting a job or even a home.

Given the severity of a sexual assault conviction, you should always work with an experienced Colorado sexual assault defense lawyer on your case. Contact Miller Leonard, PC to learn more about how we can assist with your defense.

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