Whenever people hear about date rape in Denver, Jefferson and Adams County, they think of an innocent woman who was sexually assaulted after an evil man slipped drugs into her drink. This is not the case in most instances in Colorado where men face Sexual Assault – C.R.S. 18-3-402 charges. Anytime forced sex occurs, someone will face charges of rape. We have a problem in Colorado, however. While both sides may admit sex occurred, the only evidence needed in order to charge someone with date rape / sexual assault is a woman's accusation that she did not consent.

Date Rape Occurs When Victims Know Each Other

Date rape occurs most often when people know each other in Arapahoe, Douglas and Larimer County. It occurs even if they know each other for a short time. Date rape (sexual assault) is charged when two people have sex and one of them is “physically helpless.” The term “physically helpless” is defined as when a person is asleep, unconscious, or otherwise unable to indicate willingness for the sexual encounter. Accusations of date rape often occur after a “fun” night in the clubs after too much drinking. Women have sex with a man they meet one night after drinking too much (or using recreational drugs), only to wake up the next morning with no remembrance of the encounter. Often, they remember the incident, but are embarrassed by their own actions. To save face or deal with the negative emotions of their evening of unwise decisions, women make accusations that the sexual encounter was not mutual. It is her word against the man's in court.

Police, Juries and Judges Side with the “Victim”

Police in Denver, Aurora and Centennial side with the alleged victim in date rape cases. Men like to rescue “victimized” women. Juries almost always side with the pretty, abused woman in a sexual assault case. Judges want to protect their jobs and reputation and often believe the story of the poor woman who was “in the wrong place at the wrong time.” Don't face these people alone in court. The consequences of a conviction of date rape / sexual assault can be life-changing. Sexual Assault is subject to Colorado's indeterminate sentencing. This means you could spend your life in prison. If convicted of date rape, you will be required to register as a sex offender and undergo sex offender treatment overseen by the harsh Sex Offender Management Board (SOMB). You will be in the sex offender treatment system for the rest of your life. Don't put your life in the hands of an inexperienced public defender or lawyer who practices criminal law on the side – contact one of our experienced full-time criminal defense attorneys to fight on your behalf.

Request a Free Consultation

If you or a loved one has been charged with date rape in Denver, Yuma, or Gunnison County, 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 for a free consultation, or submit the “Get Help Now” form. Together, we can protect your future.

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