Sexual assault is one of the most serious crimes you can be accused of in Colorado, carrying Class IV and Class III Felony convictions if you are found guilty. It is important to understand what sexual assault is and the penalties if you have been charged with sexual assault or other sex crimes.
Sexual assault in Colorado is defined as knowingly causing sexual intrusion or penetration on another person against their will or without consent, or if they are high, intoxicated, mentally debilitated, or asleep. Under the definition of sexual assault, groping or other unwanted touching is not covered by this definition, but instead by unwanted sexual contact which has separate penalties. Under the sexual assault definition, sexual intrusion or penetration is defined as any of the following: intercourse, oral sex, anal sex, fingering, or penetration by a foreign object.
Additionally, it is important to understand the differences in charges based on the age of the victim. The age of consent in Colorado is 17 years of age unless the perpetrator is in a position of trust where the age of consent becomes 18 years old. Minors who are 15 or 16 years old may consent to sex with an individual up to 10 years older than them unless the person is in a position of trust to the minor, and minors 14 and under may consent to sex with an individual no more than 4 years older than them. In all other cases, sexual contact with minors under 17 is statutory rape regardless of if the minor consented to the contact.
When sexual assault is committed without force, it is charged as an extraordinary risk Class IV Felony carrying penalties of 2 to 8 years in prison and/or $2,000 to $500,000 in fines with mandatory sex offender registration. Sexual assault without force is defined as sexual assault when the defendant uses no force and the victim is not injured.
When sexual assault is committed with force or drugging, it is charged as an extraordinary risk Class III Felony. In this case, the penalties are 4 to 16 years in prison and/or $3,000 to $750,000 in fines with mandatory sex offender registration.
In addition to sexual assault, there is also Gang Rape. Gang rape is defined as rape when the rapist is aided or abetted by another or multiple individuals, a deadly weapon is involved, the defendant appears to be armed with a deadly weapon, or the victim suffers serious bodily injury. Gang rape is classified as a Class II Felony but has two sets of penalties depending on if a deadly weapon is used or not. In the case where rape is committed without the presence of a deadly weapon, the penalties are 8 to 24 years in prison and/or $5,000 to $1,000,000 in fines with mandatory sex offender registration. If a deadly weapon is involved, the crime is classified as a crime of violence and the penalties are increased to 16 years to life in prison and/or $5,000 to $1,000,000 in fines with mandatory sex offender registration.
Other consequences of being convicted of rape are lifetime sex offender status meaning that the conviction will show up on background checks and the loss of the ability to own a firearm. Convictions of rape are also deportable offenses and if convicted, if the defendant is not a US citizen, there is a chance that the prosecution may move to deport the defendant from the US.
If you or someone you know has been charged with sexual assault or any other sex crime, it is important to have a relentless Denver criminal defense attorney on your side. If you require the services of an experienced Denver criminal defense attorney, call Krizman Law today at 303.529.2677.
Mr. Krizman is a criminal defense attorney in Denver, Colorado. He specializes in providing relentless defense for domestic violence, DUI, and drug crimes. He is a former public defender who has also worked for a district attorney and is licensed in the State of Colorado, and the United States Federal Court, District of Colorado. Mr. Krizman is a member of the Colorado Criminal Defense Bar, Colorado Bar Association, Denver Bar Association, and Arapahoe County Bar Association. A Colorado native, he has a law degree from the University of Denver Sturm College of Law, and a bachelor’s degree in Government and World Affairs from the University of Tampa. Contact him today at 720.819.7317.