Aggressive Criminal Defense for Those Facing Sexual Assault Charges in Denver, CO and Surrounding Areas

Sex crimes are some of the most stigmatized crimes. In addition to harsh penalties and high fines, people convicted of sexual assault often face lifelong consequences.

If you or a loved one is facing sex crime charges, you need the help of an experienced Denver sexual assault defense lawyer. At WeedenLaw, our Denver criminal defense attorneys can help you fight to get these charges reduced or dismissed entirely. Call us today at (720) 307-4330 to schedule a free consultation with an experienced sexual assault attorney at WeedenLaw.

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What is Considered Sexual Assault?

Sexual assault, also known as rape, is an unwanted act of sexual intrusion or penetration. Sexual penetration or intrusion includes:

  • Oral sex
  • Anal sex
  • Vaginal penetration
  • Penetration with a body part or foreign object

This act can happen under countless circumstances. Colorado Revised Statute 18-3-402 outlines the many legal definitions of sexual assault.

CRS 18-3-402

C.R.S 18-3-402 outlines the circumstances necessary to pursue a sexual assault charge. Under this statute, sexual assault includes:

  • Using force to make a victim submit to sexual intrusion or penetration
  • Using medical treatment as a ruse to get the victim to submit
  • Pretending to be the spouse of a victim to get them to submit

Sexual assault charges can also be brought forth if the victim is:

  • Unconscious, inebriated, sleeping, or otherwise unable to give consent
  • Under 15 years old and the defendant is not a spouse and more than 4 years older
  • 15 or 16 years old and the defendant is not a spouse and is more than 10 years older
  • In a jail, hospital, or other facility where the defendant can use their authority to coerce the victim
  • Unable to understand sexual contact

It’s important to note that under Colorado law, force isn’t necessary to pursue a sex crime charge. Most cases of sexual assault are prosecuted as felony charges. The use of force can increase the penalties for these charges.

Sexual Assault Using Force

Sexual assault using physical force, the threat of violence, drugging, or other threats of bodily harm can result in a Class 3 felony. This is punishable by between four and 16 years in prison, a fine between $3,000 and $750,000, or both. Those convicted of a Class 3 felony assault must also register as a sex offender.

Aggravating Factors

Aggravating factors can result in more severe punishments. Aggravated sexual assault can result in a Class 2 felony charge if:

  • The actor is aided by one or more persons
  • The victim suffers a serious injury, including but not limited to broken bones, burns, risk of death, or risk of permanent disfigurement
  • The actor is armed with or appears to be armed with a deadly weapon

A Class 2 felony conviction can result in up to 24 years in prison, a fine of up to $1,000,000, or both. When a weapon is used, the charges are escalated even further. Using a weapon can result in a minimum of 16 years in prison and up to a lifetime.

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Sexual Assault Using Means Other Than Force

Sexual assault doesn’t always involve physical force. Tricking or coercing someone to submit to sexual penetration can result in a Class 4 felony charge. This is punishable by up to eight years behind bars, up to $500,000 in fines, or both. Because this is a felony sexual assault charge, a conviction means you have to register as a sex offender for life.

Other Types of Sexual Offenses in Colorado

Sexual assault isn’t the only type of sex offense prosecuted in Colorado. Below, we outline other related sexual offenses in Colorado.

Sexual Assault on a Child

Sexual assault on a child is the formal charge for statutory rape. This is described in more detail below.

Statutory Rape Charges

Statutory rape involves sexual intrusion or contact with a minor. The age of consent in Colorado is 17. This means that minors under the age of 17 can legally consent to a sexual relationship. The close-in-age exemption (also known as the Romeo and Juliet law) protects those who are less than four years older than a minor under 15. It also protects those less than 10 years older than a 15 or 16-year-old from being charged with statutory rape in Colorado.

Unlawful Sexual Contact

Unlawful sexual contact includes groping, fondling, or other forms of physical contact in a sexual manner. This form of sexual abuse does not include penetration.

Internet Luring

Internet luring involves someone using the internet to communicate with a minor (or who they believe is a minor), describe sexual acts, and attempt to lure the child to meet in person.

Indecent Exposure

In Colorado, indecent exposure involves exposing genitals to offend another person. This crime is closely linked to public indecency.

Prostitution

Prostitution involves exchanging sexual acts for money. Those who perform the sexual can be charged with this crime, as well as those who pay for the sexual act and any third parties who facilitate the act.

Child Pornography Charges

Colorado prohibits child pornography in three different statutes. The production, procurement, and distribution of pornography involving minors is illegal. Aggravating factors for these charges often involve the amount of pornography and prior criminal convictions. Denver child pornography defense attorney Jeff Weeden has handled many of these types of cases and can help you, too.

Sexting

The consensual exchange of nude images and sexually-explicit conversation (sexting) is legal in Colorado. When a minor is involved in these communications, however, the adult can be charged with the exploitation of a minor.

Sexual Exploitation of a Minor 

Sexual exploitation of a minor involves an adult possessing sexually exploitative material involving a minor or causing a minor to engage in sexual conduct. Depending on the circumstances of the case, an adult can either be charged with regular exploitation or internet exploitation of a minor. Internet exploitation of a minor happens when an adult uses a computer to communicate with the minor.

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Penalties for Sexual Assault in Colorado

Sex crimes are punished harshly under Colorado law. Depending on the circumstances of the case, these crimes can be charged as either misdemeanors or felonies. These convictions can result in jail time, fines, and lifetime sex offender registration. Sexual assault is most commonly prosecuted as a felony, but statutory rape falls under the broad umbrella of sexual assault. Some statutory rape charges are misdemeanors, but the majority of other sex offenses are prosecuted as felonies. Sexual assaults are considered extraordinary risk crimes, which means they come with enhanced punishments.

Sex Offender Registration

Sex crime convictions can result in lifelong consequences. One of these consequences involves a lifetime spot on Colorado’s sex offender registry. When someone registers as a sex offender, all of their personal information is available online. This includes the person’s name, address, birthday, identifying birthmarks and tattoos, and even their fingerprints. Sex offenders have to re-register every year within five days of their birthday, as well as anytime they move. Being on the sex offender registry isn’t just about all of your information being online for anyone to see. Sex offenders often experience a great amount of stigma and ostracisation in their community. In addition to this, a lot of undue suspicion gets placed on local sex offenders whenever a crime involving children is committed.

Felony Conviction

A felony sexual assault conviction can have more consequences than just jail time and fines. Having a felony record can stop you from living your normal life. Felony convictions can prevent you from renting, getting a job, and even getting scholarships. In Colorado, felons also lose certain constitutional rights. Felons cannot vote while incarcerated or on parole. Felons also lose the right to bear arms. Those convicted of a sexual assault lose their right to possess a firearm. Felons in possession of a firearm can be subject to additional criminal charges and jail time.

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How a Denver Sex Crime Attorney at WeedenLaw Can Help

Being accused of sexual assault in Colorado can cause undue stress and destroy your reputation in the community. Working with a Denver sex crime attorney can protect your rights and your reputation. We can begin crafting an aggressive legal defense for your case to protect your future.

At WeedenLaw, our Denver criminal defense lawyers know what’s at stake. If you are facing sexual assault charges in Denver, CO or the surrounding areas, Jeff Weeden can help. Call our law firm today at (720) 307-4330 to begin your attorney-client relationship with an experienced criminal defense attorney at WeedenLaw.