Dates and social gatherings that lead to physical intimacy can be problematic if consent is either questionable or misunderstood. Should an interaction involve penetration or intrusion, all it takes is an alleged victim to claim they didn't give permission to what occurred and criminal charges can follow. Whether mixed signals or alcohol consumption have created a troublesome situation, skilled representation is a must when it comes to allegations like this. Contact a date rape defense attorney right away if someone is accusing you or you've been contacted by police.
Denver Date Rape Law
Denver's date rape law prohibits nonconsensual sex acts between people who've decided to date and those who are already dating. Charged as sexual assault, CRS 18-3-402 provides the exact definitions of date rape throughout Denver, Cherry Creek, and Montbello. Law enforcement may pursue charges if they believe you:
- performed an act of sexual intrusion or penetration,
- on someone without their consent or against their will,
- or when they were physically helpless
In situations where an intimate relationship has already been established, a domestic violence enhancement applies. On a first date, however, this won't likely be a factor as you may not be considered a past or present unmarried couple.
How Serious is a Date Rape Allegation in Colorado?
As a form of sexual assault, date rape is a very serious situation. Depending on your prior criminal history, the victim's account of what occured, and whether they suffered injury, penalties can be especially lengthy. As a felony extraordinary risk crime, defendants face:
- a prison sentence of 2 years to life,
- a minimum fine of $2K,
- sex offender registration,
- evaluation / treatment,
- strict supervision upon release from incarceration
Sex offenders are often treated as the worst kind of criminals, both in county jails and prisons. This can also be true as these individuals re-enter the community after incarceration. The sex offender registry usually creates a high level of paranoia and disgust amongst neighbors, which in many cases isn't necessary or helpful in protecting the community.
Colorado Date Rape Defense Attorney
The need for an experienced date rape defense attorney couldn't be higher in cases of alleged sexual assault. Securing representation early on has many benefits and can lead to a better outcome for the accused. Perhaps the two of you were alone and very little evidence exists, sex didn't occur, or consent was given.
Contact our office today for a free, confidential consultation. Our sex crime lawyers will carefully analyze your unique case, answer your questions, and outline next steps in your defense. Your future and reputation are worth protecting.
Don't talk to police about date rape accusations – talk to us. 303-830-0880
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