Can You Be Charged With Sexual Assault if They Lied About Their Age in Colorado?

Short answer: Yes, you can. Colorado law is stringent when it comes to protecting minors, even in cases where they misrepresent their age. The law prioritizes shielding young people over a defendant’s possible misunderstanding of the situation. However, the full story is more nuanced. While it might feel unjust to face criminal liability for what seemed like a consensual encounter, statutory provisions set firm boundaries to protect those below the critical age of consent.

What happens, though, if you genuinely believed the other person was of legal age? Is there any room for a reasonable mistake of age defense? Let’s explore Colorado’s statutory rape laws, the challenges of mounting such a defense, and what strategies a skilled criminal defense attorney can offer.

Statutory Rape Laws in Colorado

Colorado’s statutory rape laws aim to protect minors who are deemed unable to legally consent to sexual conduct. Even if an alleged victim lies about their age or gives consent, the law operates under the principle of strict liability—meaning a defendant’s state of mind or reasonable belief about the person’s age is often irrelevant.

Engaging in sexual intercourse or other sexual conduct with someone under the age of consent is a crime punishable by severe penalties, including years in prison and registration as a sex offender. This highlights the legal system’s focus on safeguarding minors, even when sexual relations appear to be consensual.

What Is the Age of Consent in Colorado?

The age of consent in Colorado is 16 years old, meaning individuals 16 or older can legally engage in sexual conduct with adults. Exceptions include:

• Romeo and Juliet Laws: If one party is at least 13 years of age and the older party is within a four-year age range, these laws may apply to mitigate criminal liability.
• Adults 18 years old or older engaging in sexual conduct with individuals under the age of consent face harsher scrutiny.

Violating these thresholds can lead to life-altering consequences, such as being charged with statutory rape or other sex crimes.

Can a Mistake About Age Be Used as a Defense?

In Colorado, mounting a mistake of age defense is exceptionally challenging. Unlike some states that permit this defense, Colorado law typically prohibits it for statutory rape charges. The reasoning lies in the strict liability nature of the offense: protecting minors takes precedence over potential misunderstandings.

However, certain defense strategies may be applicable under unique circumstances. A criminal defendant might attempt to show that they had an honest and reasonable belief that the alleged victim was of age. For this, they must provide compelling evidence, such as:

• False identification or misrepresentation by the alleged victim.
• Communication supporting the defendant’s reasonable belief about age.
• Evidence of taking reasonable steps to confirm the person’s age.

Affirmative Defenses: A Tough Road

An affirmative defense acknowledges that the act occurred but argues that mitigating factors negate its criminality. For example, if the defendant reasonably believed the alleged victim was above the legal age, they could claim a mistake of fact defense.

However, proving this in Colorado requires a heavy evidentiary burden. While the prosecution must prove guilt beyond a reasonable doubt, the defendant must demonstrate their defense by a preponderance of the evidence.

Challenges in Proving a Mistake of Age

Even if the law allowed it, proving a reasonable mistake of age involves substantial hurdles:

1. Reasonable Belief: Could a reasonable person, given the circumstances, have believed the alleged victim was of age?
2. Evidence: Was there tangible proof, such as fake IDs, suggesting the alleged victim misrepresented their age?
3. Due Diligence: Did the defendant make reasonable efforts to verify the person’s age?

Why Mistake Defense Strategies Are Controversial

Courts must balance the protective intent of criminal law with the reality that some defendants may have been unwittingly misled by an underage individual. Critics argue that allowing such defenses could lead to misuse or lessen accountability for crimes against children.

Proponents, however, believe that strict liability disregards the complexities of human interactions, especially in cases involving consensual dynamics where the age of consent is 16 or older.

In this contentious area, a defense in child rape prosecutions often relies on crafting a narrative that emphasizes both the defendant’s reasonable belief and the context of the encounter. This strategy underscores the constitutional right to present a complete defense and ensures the accused receives a fair trial, even amid a heavily biased system.

To mount an effective defense, legal teams must:

• Argue that the consent is 16 years standard creates ambiguity in edge cases, particularly in situations where the alleged victim may have appeared older.
• Highlight that the defendant reasonably believed the child was of legal age based on the presented circumstances, such as fake identification or deliberate misrepresentation.
• Counteract the argument that criminality depends on the child’s age alone by introducing evidence of intent and context.

Why You Need a Criminal Defense Attorney

Facing charges of statutory rape, sexual assault, or similar sex crimes is a serious matter. These allegations carry not only legal penalties but also social and emotional consequences. A skilled criminal defense lawyer understands Colorado’s penal code, the model penal code, and constitutional rights like the right to present a defense.

Key aspects of an effective defense strategy include:

• Highlighting gaps in the prosecution’s case.
• Demonstrating mitigating factors.
• Leveraging the defendant’s lack of mens rea where applicable.

Protect Yourself Against Unintended Consequences

If you’re facing a statutory rape charge based on a mistake of age, here are immediate steps to take:

1. Hire a Criminal Defense Attorney: Look for someone experienced in defense to statutory rape and other rape cases.
2. Document Evidence: Gather anything supporting your reasonable belief about the person’s age.
3. Stay Silent: Avoid discussing the case without legal counsel to prevent unintentional self-incrimination.

At Dawson Law Office, we have extensive experience defending individuals charged with sex crimes, sexual conduct laws violations, and related offenses.

Early intervention by experienced defense counsel can make a significant difference in minimizing penalties and protecting your future. Don’t let a misunderstanding ruin your life—contact us today to build a strong defense strategy.