Charged with a sex crime? You deserve the best possible legal defense.
Sex offenses include a wide variety of criminal sexual acts. The penalties for a sex offense conviction can be serious and life-changing with some acts carrying potential life sentences to prison or life terms of probation.
In addition, sex offense also carry Sex Offender Registration requirements, upon conviction, which can cause a tremendous amount of problems for people who must register, including additional criminal charges for failing to register. The potential consequences demand an a tough, experienced sex crimes lawyer.
Sex Offenses Defined
Sex offense is a broad term for a wide range of criminal activity. If a person is convicted of a sex assault on a child, for instance, this is a sex offense. If a person is convicted of using Internet Luring, this is also a sex offense.
Other types of sex offenses include prostitution, statutory rape or sodomy, or lewd acts and rape. So, not every act that is termed a sex offense is the same and some are much more serious, in terms of potential prison time, than others.
In the age of computers, it is very common to see people charged with sex offenses that involve the use of computers and the internet. For instance, Law Enforcement is very active in catching people who use the internet to arrange sexual encounters with people too young to consent to sexual acts. Computers are also used in the trade, production and possession of illegal images such as child pornography. These types of crimes carry severe penalties and the potential for lengthy prison sentences.
Date Rape in Colorado
Rape that occurs between acquaintances is often called date rape, particularly between two people who have been seeing each other casually as in a dating relationship. The law, however, doesn’t use the term date rape. This crime is a serious offense that is classified as a sexual assault crime in Colorado.
The State denotes rape as a type of sexual assault, and date rape specifically is considered rape by Colorado courts. Defending date rape is no different from defending rape simply because two people previously know each other.
Any instance of coerced sex is considered rape. In a case of date rape, it can be difficult to prove that a victim was forced into sexual activity. Alcohol and drug use are common elements in date rape cases. Using these substances has been known to impair memory and judgment. The prosecution always has the burden of proof.
Oftentimes, there is no solid evidence that the crime occurred, leading to a “he said / she said” scenario. Despite the lack of solid proof, several people have been convicted of rape and faced harsh sentences.
Date rape can also lead to charges of unlawful sexual conduct. In this instance the defendant knowingly touches the victim’s private parts or makes the victim touch the defendant’s private parts from inside or outside clothing for arousal, gratification or abuse without the victim’s consent.
Consent cannot occur when a victim is unconscious or asleep, or is deemed too young. The use of date rape drugs to impair a victim’s ability to consent can be considered an aggravating factor in cases of rape.
If you have been accused of rape charges in Colorado, it is crucial to speak with a knowledgeable and experienced sex crimes lawyer. These charges can alter your entire life well into the future.
A dedicated sex crimes lawyer will spend hours examining all the evidence against you for an aggressive defense. Turn to Miller Leonard, PC for representation when you need it most. Call 720-613-8783 for a free consultation.
Prostitution and Solicitation in Colorado
In nearly all states, the act of buying or selling sex is a crime. As with any criminal charge, this crime can negatively impact your familiar relationships, career, future job prospects and more, for a seemingly innocent or non harmful act. It is in your best interests to seek the aid of a tough sex crimes lawyer to defend any prostitution charges against you in Colorado.
Several statutes depict the crimes associated with prostitution in Colorado. The State of Colorado defines prostitution as agreeing to perform or offering any sex act in exchange for money with any person who is not his or her spouse.
The act of prostitution and the act of soliciting a prostitute are considered two separate crimes by the State. Per the Colorado Revised Statutes, sexual conduct includes vaginal, oral, anal sex, and masturbation.
The act of “patronizing a prostitute” in Colorado is defined as “having sex or sexual contact with a prostitute who is not your spouse”, or “entering a place of prostitution with the intent to use the services of a prostitute.” What this means is that you can be charged for a criminal offense even before any sex act occurs. Patronizing a prostitute is a Class 1 Misdemeanor, eliciting 6-18 months in jail and a fine of $500 to $5,000.
Solicitation of a prostitute is the act of seeking someone out for prostitution. According to CRS 18.7.202, if you solicit another for prostitution, arrange meetings for prostitution, or direct another to a place of prostitution you can face charges. This is a Class 3 Misdemeanor crime for which you may pay a fine of up to $5,000. Solicitation of a child for prostitution is a Class 3 Felony offense with extremely harsh consequences, namely the possibility of 4-12 years in a state prison and a fine of up to $750,000.
Pimping is also an illegal act defined as “knowingly being supported by the earnings of another’s prostitution, whether an adult or child.” It is a Class 3 Felony offense.
Prostitution and solicitation charges can lead to a complex criminal case. Your best chance of a positive outcome is to hire an aggressive sex crimes lawyer in Colorado. Miller Leonard, PC specializes in Colorado criminal defense. Attorney Miller Leonard has over 19 years of experience fighting for the rights of criminally accused persons. Call 720-613-8783 for a free consultation.
Rape and Sexual Assault in Colorado
Most sexual assault charges are considered felonies in Colorado. If you are facing sexual assault charges, know that the penalties are quite severe. You will need a strong criminal defense attorney to evaluate all charges against you.
Colorado does not differentiate between rape and sexual assault; rather, rape is just one method of committing sexual assault. The State deems a defendant has committed sexual assault when the defendant “knowingly inflicts sexual penetration or intrusion on another person” in the following ways:
- Causing the victim to submit against his or her will
- Knowing the victim submits because he or she erroneously believes the defendant to be his or her spouse
- Engaging in sexual activity while claiming to offer a medical treatment
- Anal rape
- Forced oral copulation
- Penetration with a foreign object
- Statutory rape
The victim of sexual assault is understood as being:
- Not able to understand what the sexual conduct entails
- Asleep, not conscious, or not in the position to consent with the defendant knowing this to be the case
- Under the age of 14 and the defendant is 4 or more years older and not the victim’s spouse
- 15 or 16 with the defendant being at least 10 years older and not his or her spouse
- Detained in jail, prison, or hospital where the defendant has authority over the victim and
uses it to coerce the victim into the act
Sexual assault charges can also include unlawful sexual contact, a Class 1 Misdemeanor crime, in which the victim was touched in their intimate parts or was forced to touch the defendant’s intimate parts whether within or from outside clothing.
Sentences vary wildly by the violence of the situation and other aggravating factors. Sexual assault is an “extraordinary risk” crime, meaning that even if you did not commit the most severe type of assault and were not charged to the fullest extent of the law, penalties can be elevated.
Most crimes fall between a Class 4 Felony, with a 4-12 year prison sentence and a $2,000 to $500,000 fine and a Class 2 Felony, which inflicts a 16-48 year prison sentence and a fine of between $5,000 and up to a maximum of $1 million, as well as having to register as a Colorado Sex Offender.
Consult with a Skilled Sex Crimes Lawyer
If you have been arrested and charged for sexual assault in Colorado, you need a determined criminal defense attorney on your side. Miller Leonard has defended the criminally accused for over 20 years. With experience as a former State Prosecutor and State Defense Attorney, he provides valuable insight. Call (720) 613-8783 now for a free legal consultation.