Is Statutory Rape a Felony in Colorado? Legal Consequences, Explained

Statutory rape is a serious crime in Colorado that involves sexual activity with someone under the legal age of consent.

These charges can result in severe penalties, including lengthy prison sentences and mandatory sex offender registration.

What Exactly is Statutory Rape?

Statutory rape is when an adult engages in sexual activity with a minor.

In Colorado, the age of consent is 17 years old.

Strict liability

It’s important to note that even when someone under 17 years old consents to sexual activity, it’s still considered statutory rape under the law.

This rule makes statutory rape a strict liability crime, meaning that prosecutors don’t need to prove the defendant intended to commit the crime or knew the victim’s age.

Rationale

The reason behind these laws is that minors are not mature enough to understand the consequences of sexual activity fully and cannot legally give informed consent.

Understanding Colorado’s Age of Consent Laws

Colorado does not define the age of sexual consent in one statute.

Instead, legislators enacted separate laws that determine whether individuals, based on age, have the legal capacity to consent to sexual activity.

The following Colorado laws address statutory rape and consent issues between adults and minors:

• C.R.S. § 18-3-405: Sexual assault on a child who is under 15 years old
• C.R.S. § 18-3-402(1)(3): Sexual Assault with a minor between 15 – 17 years old
• C.R.S. § 18-3-305: Enticement of a Child
• C.R.S. § 18-3-306: Internet Luring of a Child
• C.R.S. § 18-3-405.3: Sexual Assault on a Child by One in a Position of Trust

These statutes define the various circumstances and age ranges that constitute felony statutory rape, described in the next section.

When Statutory Rape Becomes a Felony in Colorado

Felony statutory rape charges in Colorado depend on the ages of the parties involved and whether the defendant was in a position of trust over the victim.

Sexual Assault on a Child

When the victim is under 15 years old, and the actor is at least four years older.

• Class 4 felony: Punishable by 2 to 6 years in prison and a $2,000 to $500,000 fine.

Sexual Assault

When the victim is 15 or 16 years old, and the actor is at least 10 years older.

• Class 6 felony: Punishable by 12 to 18 months in prison and a $1,000 to $100,000 fine.

Enticement of a Child

When actors invite or persuade a minor under the age of 15 to enter a place with the intent to commit sexual assault or unlawful sexual contact.

• Class 4 felony: Punishable by 2 to 6 years in prison and a $2,000 to $500,000 fine.
• Class 3 felony: Punishable by 4 to 12 years in prison and a $3,000 to $750,000 fine when (i) the actor has a previous conviction for enticement of a child or sexual assault on a child or (ii) the enticement of a child results in bodily injury.

Internet Luring of a Child.

Communicating with a child believed to be under 15 years old via a computer network, telephone network, data network, text message, or instant message to persuade or invite the child to engage in sexual contact or sexual exploitation.

• Class 5 felony: Punishable by 1 to 3 years in prison and a $1,000 to $100,000 fine (C.R.S. § 18-1.3-401, (V.5)(A)).
• Class 4 felony: Punishable by 2 to 6 years in prison and a $2,000 to $500,000 fine when committed with the intent to engage in sexual exploitation.

Sexual Assault on a Child by One in a Position of Trust.

Applies when the actor commits sexual assault on a child and is in a position of trust concerning the victim, such as a teacher, coach, or clergy member.

• Class 4 felony: Punishable by 2 to 6 years in prison and a $2,000 to $500,000 fine when the victim is 15 years old or older but less than 18 years old and the offense is not committed as part of a pattern of sexual abuse.
• Class 3 felony: Punishable by 4 to 12 years in prison and a $3,000 to $750,000 fine when (i) the victim is less than 15 years old or (ii) the actor commits the offense as part of a pattern of sexual abuse.

Statutory rape felony convictions also require lifetime sex offender registration in Colorado, which can have devastating personal and professional consequences long after offenders complete their prison sentences.

Colorado’s Romeo and Juliet Law

Colorado “Romeo and Juliet” laws provide a limited defense or exception to statutory rape cases where the parties are close in age.

C.R.S. § 18-3-402 allows consensual sexual activity between:

• Minors under 15 with partners who are less than four years older.
• Minors age 15 or 16 with partners who are less than ten years older.

However, this is a minimal exception and does not apply if the defendant was in a position of trust over the minor or if violence or bodily harm occurred.

An experienced Colorado criminal defense attorney can assess whether the Romeo and Juliet law might apply to your specific case.

Defending Against Statutory Rape Charges

Statutory rape cases are challenging to defend because they’re “strict liability” crimes in Colorado.

Absent of criminal culpability defense (C.R.S. 18-1-503.5)

Sometimes, the accused may claim he or she “reasonably believed” the victim was eighteen or older, lacking the necessary criminal intent.

Some actors have also used this defense to argue that it is unfair for statutory rape charges to apply if the minor lied about their age and the defendant had a legitimate reason to believe they were of legal age PEOPLE V. BATH (1994).

However, this defense is very limited and does not apply when the victim is under 15 years old or the actor is in a position of trust.

Other possible defenses

Given the strict liability nature of statutory rape allegations, building a solid defense against statutory rape charges requires a strategic approach by a skilled criminal defense lawyer.

Your legal counsel may argue the following possible defenses on your behalf.

• Lack of Intent
• Mistaken Identity
• Entrapment
• Insufficient Evidence
• Illegal Search and Seizure
• Constitutional Challenges
• Mental Incapacity

Consult with an experienced Colorado criminal defense lawyer when allegations arise to start building the defenses mentioned above.

Lifelong Impacts of Sex Offender Registration

One of the harshest consequences of a Colorado felony statutory rape conviction is the requirement to register as a sex offender.

This registration impacts your life long after you complete any jail or prison sentence.

Housing and employment

The registry may severely limit your housing and employment opportunities, as landlords and employers routinely conduct background checks.

Living location

It also restricts where you can live, work, or spend time, such as prohibiting you from living near schools or playgrounds.

Social implications

Registered sex offenders often face a social stigma that can be difficult to escape, damaging personal relationships and reputations in the community.

Strict compliance

Failure to properly register and comply with all requirements can result in additional felony charges.

An experienced Boulder criminal defense lawyer can help you understand sex offender registry obligations and how to approach the significant lifelong burdens of being a registered statutory rape offender.

Colorado Statutory Rape Charges Demand Experienced Legal Counsel

Colorado statutory rape allegations are serious, and convictions carry harsh felony penalties and lifetime sex offender registration. If you’ve been arrested or charged, contact our Colorado sex crimes defense lawyers at Dawson Law Office today.

The sooner you contact us, the sooner we can begin building an effective defense strategy to protect your future.