I wrestle with the way our courts handle cases of Sexual Assault – C.R.S. 18-3-402 in Denver, Adams, and Jefferson County. A woman can have consensual sex with a man, and then change her mind the next day. She can allege the sexual contact was against her will, and the man she slept with will be arrested and could face a lifetime in prison. District Attorneys often charge men with Sexual Assault / Rape based only on the evidence that sex occurred – even when there is no evidence the encounter wasn't consensual. The way Sexual Assault cases are handled is wrong: Many innocent men are sitting in prison. At least 50% of our adult Sexual Assault cases are a result of bad decisions, such as one-nigh stands, or sex with a woman who is already in a relationship. Let's dig a little deeper into this issue to see how our courts often mishandle cases of rape:

No Evidence of a Forced Encounter is Needed to be Charged

District Attorneys in Douglas, Arapahoe, and El Paso County are presented with many cases where there is no physical evidence, and will charge a man with Sexual Assault. Often, the only evidence is proof that sex occurred (but DNA evidence doesn't show whether or not it was consensual) and the woman's word against the man's. In situations like this, men don't make rational decisions out of fear: They either accept a plea deal, hoping to escape the worst consequences, or they simply believe the truth will eventually come out and prove their innocence. Unfortunately, the consequences of a Sexual Assault conviction are serious. Let's look at what a person convicted of Sexual Assault can expect.

[pullquote align=”center” textalign=”center” width=”65%”]You need to work with an attorney how knows how to present a strong defense to false allegations.[/pullquote]

The Serious Consequences of a Sexual Assault Conviction

Indeterminate Sentencing: Sexual Assault / Rape is subject to indeterminate sentencing in the state of Colorado. This means a judge will not set the upper limit on prison time. A person convicted of this sex offense will be sentenced for 2 years to life. The Colorado Parole Board determines when a person will be released from the Department of Corrections (DOC).

Sex Offender Treatment: A person convicted of Sexual Assault will be required to undergo sex offender treatment overseen by the Sex Offender Management Board (SOMB). The SOMB has a harsh opinion of all sex offenders – a man who had a consensual sexual encounter and was falsely accused will receive similar treatment as a serial rapist.

Sex Offender Registration: Once a person who was convicted of Sexual Assault is released from DOC, they will be required to register as a sex offender. It can be difficult to find a job or housing as a sex offender.

Sex Offender Intensive Supervised Probation: If a person convicted of Sexual Assault receives probation, they will be subject to an intensive form of probation, which is called Sex Offender Intensive Supervised Probation. SOISP is very controlling and enforces many restrictions over a person's life.

Why You Need an Experienced Sexual Assault Lawyer

If you have consensual sex and she changes her mind, you could be facing life-changing consequences. You need a criminal defense attorney who knows how to present a strong defense to false allegations of sexual assault. If you have been accused, contact us immediately to begin work on your defense. Don't speak to the police – contact a lawyer at our office who has years of experience fighting on behalf of our clients.

Request a Free Consultation

If you or a loved one has been falsely accused of rape in Littleton, Glendale, or Thornton, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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