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If you’ve been accused of sexual assault in Boulder, the entire process ahead is loaded with nuance and pitfalls that can completely derail your life if not handled properly. As Boulder sexual assault defense attorneys, we’ve seen firsthand how critical it is to get involved early and take a thoughtful approach to these cases.

From our experience, we know that no two situations are exactly alike. That’s why at Dawson Law, we spend the time upfront to gain a deep understanding of the individual facts and circumstances surrounding the allegations against you. Only then can we start crafting a tailored, aggressive legal strategy that protects your rights, preserves your reputation, and positions you for the best possible resolution.

Don’t let a sexual assault charge jeopardize your future – get our team on your side immediately.

What Constitutes Sexual Assault in Colorado?

In Colorado, sexual assault is defined as engaging in non-consensual sexual penetration or intrusion. This includes acts such as vaginal intercourse, oral sex, anal sex, anilingus, fingering, or penetration with a foreign object.

The key factor is the lack of consent from the victim, either because the act was against their will, they were incapacitated (under the influence or mentally impaired), or they were physically helpless (such as being asleep).

Consequences of a Sexual Assault Conviction in Boulder

Sexual assault is generally classified as a felony offense in Colorado, with varying degrees of severity based on the circumstances. The penalties can range from 2 years to life in prison, depending on factors such as the use of force or weapons, drugging the victim, causing serious bodily injury, or gang rape.

In addition to imprisonment, sexual assault convictions can also result in substantial fines, ranging from $2,000 to $1,000,000, depending on the specific charge.

Sex Offender Registration

In most cases, a conviction for sexual assault in Colorado requires lifetime registration as a sex offender. This means the offender’s information will be listed on the Colorado Bureau of Investigation (CBI) database, accessible to the public. Failure to register as a sex offender is a separate felony offense, carrying additional penalties of up to 1.5 years in prison and/or fines up to $100,000.

The specific consequences you face will depend on the nature of the charges and the unique circumstances of your case. That’s why you need to have a skilled Boulder sexual assault defense lawyer advocating for you from the very beginning.

Why Consent Is Important in Sexual Assault Cases

The issue of consent is often at the heart of every sexual assault charge.

Colorado law requires that all parties involved in a sexual act give clear, voluntary, and affirmative consent.

In other words:

  • Parties cannot imply consent with silence or lack of resistance.
  • Parties can withdraw consent at any time during the sexual activity.
  • An incapacitated person on drugs or alcohol or who is asleep cannot give valid consent.
  • Past consent does not imply future consent.

If you are accused of sexual assault, Dawson Law will carefully examine the circumstances surrounding the alleged incident to determine whether the defendant gave consent freely.

Colorado’s Age of Consent and Close-in-Age Exemptions

Additionally, in Colorado, the age of consent is 17 years old, meaning those younger than this age can not legally consent to sexual activity.

However, there are two close-in-age exceptions under the law:

  1. If the minor is under 15 years old, and the partner is less than 4 years older, it is legal.
  2. If the minor is 15 or 16 years old, and the partner is less than 10 years older, it is legal.

If the victim is under 17 years old and does not fall within these exceptions, it is considered statutory rape, even if the minor consented.

Building a Strong Defense Against Boulder Sexual Assault Charges

When the police accuse you of a sex crime like sexual assault, it may feel like everything is stacked against you.

However, an experienced defense attorney can level the playing field by:

  • Thoroughly investigating the allegations against you.
  • Identifying weaknesses and inconsistencies in the prosecution’s case.
  • Gathering exculpatory evidence that supports your innocence.
  • Challenging the reliability of forensic evidence, such as DNA testing.
  • Asserting potential defenses, such as consent, mistaken identity, or false allegations.
  • Negotiating with prosecutors for reduced charges or alternative sentencing when appropriate.

We may also be able to leverage defense strategies like:

  • Proving false accusations — Presenting evidence such as text messages, witness testimony, or expert medical opinions to demonstrate that the accuser’s allegations are false or motivated by ulterior motives.
  • Establishing consent — Providing circumstantial evidence, such as recorded communications, eyewitness accounts, or expert testimony, to show that the accuser consented to the sexual activity, even if they later regretted it.
  • Lack of penetration — Challenging the prosecution’s ability to prove beyond a reasonable doubt that sexual penetration occurred, potentially leading to a dismissal or reduction of charges.

It’s important to note that voluntary intoxication is not a valid defense for sexual assault charges in Colorado.

If you or someone you know is facing sexual assault charges in Colorado, it is crucial to seek experienced legal representation to protect your rights and explore all available defenses.

Remember, being accused of a crime does not make you guilty. You have the right to a strong defense. The sexual assault defense lawyers at Dawson Law can help you fight for your rights and your future.

“Ryan is amazing! I have never had such a trusted ally in the law. He answered all my questions and was on the ball. He is a professional in his craft and I highly recommend him for all your legal needs. Thanks Ryan!!”

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Can You Take My Case?

Dawson Law Office - Boulder Criminal Defense Lawyer

Contact Our Boulder Sexual Assault Defense Lawyers

You don’t have to face sexual assault charges alone. A knowledgeable defense attorney counsels and supports you at every stage of your case, including:

  • Protecting your constitutional rights throughout the legal process.
  • Conducting an independent investigation to uncover evidence in your favor.
  • Developing a personalized defense strategy tailored to your unique situation.
  • Vigorously advocating for you in court and working to achieve the best possible outcome.

With so much at stake, you need to have an experienced legal advocate working on your case who understands the complexities of sexual assault cases and knows how to build a strong defense on your behalf.

Schedule Your Confidential Consultation

If the state has accused you of sexual assault, don’t wait to seek legal help. Contact Dawson Law today for a confidential consultation.

During your meeting, you’ll have the opportunity to discuss your case with an experienced criminal defense law firm that can answer your questions, explain your options, and help you understand what to expect in the days and weeks ahead.

Take control of your situation with the proper legal guidance and build a solid defense to protect your future.

Can You Take My Case?

Got Questions? We Got Answers.

What are the main defenses to a sexual assault accusation?

Some of the main defenses against sexual assault charges include:

  1. Consent – Providing evidence that the accuser consented to the sexual activity, even if they later regretted it.
  2. False Allegations – Challenging the accuser’s credibility and exposing potential motives for making up the assault claim such as revenge or regret.
  3. Lack of Evidence – Poking holes in the prosecution’s case if they cannot definitively prove sexual penetration or intrusion occurred beyond a reasonable doubt.
What is the burden of proof for sexual assault in Colorado?

In Colorado, the prosecution has the burden of proving a sexual assault charge beyond a reasonable doubt. This is the highest standard of proof in the legal system. The defense does not need to prove innocence, only create reasonable doubt in the minds of the judge or jury.

How long do you go to jail for sexual assault in Colorado?

The maximum potential prison sentences for sexual assault convictions in Colorado is life in prison. The minimums vary greatly depending on the specifics of the case:

  • Sexual assault without force/injury: 2-8 years
  • Sexual assault involving force/threats: 4-16 years
  • Sexual assault causing serious bodily injury: 8-24 years
  • Sexual assault with a deadly weapon: 16 years to life The severity of the sentence increases for factors like use of a weapon, date rape drugs, multiple assailants, and crimes against minors under age 15.

In practice, this means that if you are sentenced to are sentenced to prison for a sexual assault, the court will sentence you to a minimum period of incarceration, but you will not eligible for parole until you have progressed in sex offender treatment. Once there is progress in treatment a person becomes eligible for parole, but not before.

Sex Offense Sentencing in Colorado

In 1998, Colorado instituted the Sex Offender Lifetime Supervision Act. This requires lifetime supervision for most class 2, 3, and 4 felony sex offenses.

Although many defendants are eligible for probation under the act, probation will be for a minimum of 10 years to a maximum of life for a class 4 felony, minimum of 20 years and a maximum of life for a class 2 or 3 felony.

Intensive supervision probation (also known as ISP) is required for all lifetime probationers until further order of the court.

Department of Corrections for at least the minimum of the presumptive range of sentencing to a maximum of life.

The Colorado Department of Corrections (DOC) is responsible for providing evaluation and sex offense-specific treatment for those convicted of sex offenses and sentenced to DOC and for those who are on parole.

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