Examples of Sexual Assault Charges and Penalties in Colorado
If you or someone you love has been arrested for sexual assault in Colorado, you need to know what you’re up against. Sexual assault charges are serious and can carry severe penalties, including lengthy prison sentences and the requirement to register as a sex offender.
To make informed decisions about your defense strategy, it is essential to understand the specific charges you may be facing.
Factors That Determine Sexual Assault Charges in Boulder
Several circumstances influence the specific sexual assault charge you’re charged with in Boulder, like:
- The alleged victim’s age: Charges are typically more severe when the alleged victim is a child or a minor.
- Use of force, threats, or weapons: If the accused uses force, threatens the alleged victim, or employs a deadly weapon, the state usually elevates charges.
- Relationship between the accused and the alleged victim: If the accused is in a position of trust relative to the alleged victim, such as a teacher or caregiver, the charges become more serious.
- The extent of the alleged victim’s injuries: More severe injuries lead to harsher charges and penalties.
- Actor’s prior criminal history: Previous convictions, especially for sex crimes, can result in more stringent charges and sentencing.
Types of Sexual Assault Charges and Penalties in Colorado
Colorado law defines several types of sexual assault charges, each with its own set of elements and potential consequences:
1. Sexual Assault (C.R.S. 18-3-402)
This charge applies when someone knowingly inflicts sexual intrusion or penetration on a person without their consent or if the person is incapable of appraising the nature of their conduct.
| Charge | Prison Sentence | Fine Range | Circumstances |
|---|---|---|---|
| Class 4 felony | 2 to 6 years | $2,000 to $500,000 | (i) Actor compels submission by force, intimidation, or threat; (ii) Engages in treatment or examination for non-bona fide medical purposes; (iii) With or without sexual contact, induces or coerces a child under 18 to expose intimate parts or engage in sexual contact, intrusion, or penetration with another person for actor’s gratification. |
| Class 6 felony | 12 to 18 months | $1,000 to $100,000 | Alleged victim is 15-16 years old, actor is at least 10 years older and not the victim’s spouse. |
| Class 3 felony | 4 to 12 years | $3,000 to $750,000 | (i) Alleged victim is physically helpless, actor knows this, and victim has not consented; (ii) Assault involves force, violence, threats of imminent death, serious bodily injury, extreme pain, kidnapping, or retaliation; or actor employs drugs or intoxicants without victim’s consent. |
| Class 2 felony | 8 to 24 years | $5,000 to $1,000,000 | (i) Actor physically aids or abets one or more persons to commit sexual assault; (ii) Actor is armed with a deadly weapon. |
2. Sexual Assault on a Child (C.R.S. 18-3-405)
Occurs when an individual subjects a child under 15 years old to any sexual contact, and the perpetrator is at least four years older than the alleged victim.
| Charge | Prison Sentence | Fine Range | Circumstances |
|---|---|---|---|
| Class 4 felony | 2 to 6 years | $2,000 to $500,000 | General sexual assault on a child. |
| Class 3 felony | 4 to 12 years | $3,000 to $750,000 | Actor: (i) uses force against the alleged victim to facilitate sexual contact; (ii) threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the alleged victim;(iii) threatens future retaliation; or (iv) commits the offense as part of a pattern of sexual abuse. |
Sexual Assault on a Child by One in a Position of Trust (C.R.S. 18-3-405.3)
Applies when the perpetrator commits sexual assault on a child and is in a position of trust concerning the alleged victim, such as a teacher, coach, or clergy member.
| Charge | Prison Sentence | Fine Range | Circumstances |
|---|---|---|---|
| Class 4 felony | 2 to 6 years | $2,000 to $500,000 | Alleged victim is 15-17 years old and the offense is not part of a pattern of sexual abuse. |
| Class 3 felony | 4 to 12 years | $3,000 to $750,000 | (i) Alleged victim is less than 15 years old or (ii) the actor commits the offense as part of a pattern of sexual abuse. |
Unlawful Sexual Contact (C.R.S. 18-3-404)
Involves subjecting a person to any sexual contact without their consent under circumstances that don’t amount to sexual assault.
| Charge | Jail/Prison Sentence | Fine Range | Circumstances |
|---|---|---|---|
| Class 1 Misdemeanor | Up to 364 days | Up to $1,000 | The act was a general unlawful sexual contact. |
| Class 4 felony | 2 to 6 years | $2,000 to $500,000 | Actor: (i) compels the alleged victim to submit by use of force, intimidation, or threat; (ii) engages in treatment or examination of someone for other than bona fide medical purposes; or (iii) with or without sexual contact, induces or coerces a child under 18 to expose intimate parts or engage in sexual contact, intrusion, or penetration with another person for the actor’s sexual gratification. |
It’s important to note that if the state convicts an individual of any of the above crimes on or after July 1, 2013, the actor loses all legal rights concerning any child conceived as a result of the offense.
This rule means the person loses the right to (i) notification of termination of parental rights, (ii) assert parental responsibilities (such as parenting time or decision-making), (iii) inherit from the child conceived, or (iv) object to the adoption of the child.
Potential Defenses Against Sexual Assault Charges
If you’re facing sexual assault charges in Boulder, several defenses may be available depending on the circumstances:
- Innocence and false allegations: If the accusations against you are untrue, your lawyer can discover evidence to prove your innocence.
- Consent: Sometimes, if the sexual activity is consensual, it can serve as a defense. However, there are limitations, such as when the alleged victim is under 15 or incapable of consent.
- Mistaken identity: If law enforcement wrongly identifies you as the perpetrator, your lawyer can challenge the identification process and present alibi evidence.
- Forensic evidence issues: If the physical evidence against you was improperly collected, handled, or analyzed, your attorney can contest its admissibility.
Work with an experienced Boulder sexual assault defense attorney who can evaluate your case and devise the most effective defense strategy.
What to Do If the Police Charge You With Sexual Assault
If you find yourself facing sexual assault allegations in Boulder, taking the proper steps makes a significant difference in your case.
- Exercise your right to remain silent: Politely inform law enforcement that you won’t answer questions without an attorney present.
- Contact a knowledgeable sexual assault defense lawyer right away: The sooner you involve a skilled lawyer, the better your chances of a favorable outcome.
- Avoid discussing your case: Refrain from discussing the details with anyone except your lawyer, as statements you make could be used against you later.
- Help your lawyer discover evidence: Your criminal defense law firm will need your assistance in identifying witnesses and evidence supporting your defense.
- Show up for all court appearances: Attend every court date and follow your attorney’s guidance throughout the process.
How Our Boulder Sexual Assault Defense Lawyers Make a Difference
Working with a seasoned Boulder sexual assault defense lawyer can be invaluable when facing these challenging accusations.
Your legal counsel will help you with the following tasks.
Conduct an independent investigation
Your sexual assault attorney will thoroughly investigate the allegations, which may uncover evidence that casts doubt on the accusations.
Pinpoint weaknesses in the prosecution’s case
By carefully scrutinizing the evidence, your lawyer can find inconsistencies and gaps you could exploit in your defense.
Negotiate for reduced or dismissed charges
In some situations, your sexual assault lawyer may negotiate with prosecutors to have your charges reduced or even dismissed entirely.
Advocate fiercely for your rights
Your lawyer will be your dedicated counsel, protecting your rights at every stage of the legal process.
Offer guidance and support
Facing sexual assault charges can be overwhelming, but your attorney will be there to guide and support you throughout this trying time.
Unique Considerations For Title IX Sexual Assault Cases
In addition to facing criminal charges, accused students may also be subject to disciplinary proceedings under Title IX, which can result in suspension or expulsion from the university.
If you’re a C.U. Boulder student accused of sexual assault, seek guidance from an attorney experienced in handling both criminal defense and university disciplinary matters to protect your student rights.
Fight Back Against Sexual Assault Charges in Colorado
Sexual assault charges in Boulder carry severe penalties that impact every aspect of your life, from your freedom and finances to your personal relationships and future prospects.
By working with an experienced Boulder sexual assault defense lawyer at Dawson Law Office, you can ensure that you have a strong advocate in your corner throughout the legal process.
Our lawyers will investigate the allegations against you, build a strong defense strategy, and fight for your future.
Don’t let sexual assault accusations derail your life. Contact us today for a consultation.
Author Bio
Ryan Dawson-Erdman is the founder of Dawson Law Office, a top-rated criminal defense firm located in Boulder, Colorado. As an aggressive advocate, Ryan focuses his practice on defending against serious criminal charges, including sex crimes, Title IX violations, and federal offenses. He has taken nearly a dozen cases to jury trial, showcasing his exceptional litigation skills. His legal skills have earned him numerous accolades over the years, including being selected to Super Lawyers Rising Stars for 2022-2024.
A Colorado native, Ryan attended the prestigious Gerry Spence Trial Lawyers College to further refine his courtroom abilities. He earned his J.D. from Loyola University New Orleans and his B.A. from the University of Colorado Boulder. Ryan is an active member of the National Association of Criminal Defense Lawyers and the Colorado Criminal Defense Bar. His firm provides tenacious representation for all criminal charges in Boulder, Denver, and the surrounding areas.
