Colorado Sex Crime Attorney Blog

Defense for Rape Charge and Sexual Assault in Denver: How We Can Help You

Posted by Kyle B. Sawyer | Aug 16, 2013 | 0 Comments

If you're facing a rape charge in Colorado, contact a lawyer immediately.
You need an experienced defense attorney in Douglas, Arapahoe and Adams County if you are facing charges of sexual assault. You will need a lawyer to fight hard for your freedom:
  • We may need to argue that the sex was consensual (if it occurred)
  • We may deny that a sexual encounter took place if possible
  • We may challenge DNA evidence if it exists.

Consent: Challenging a Rape Charge in Denver, Aurora and Littleton

Sexual Assault and Rape – C.R.S. 18-3-402, are serious sex offenses. You can be charged with rape only if penetration occurred without consent. Proving that the sex was consensual is often the focus of our defense. Often, prior to hiring us – our clients have spoken with police and investigators, and admitted to the sexual contact and that penetration occurred. Police will work very hard to trick you into saying that you realize now that the “victim” was too drunk to give actual consent, or that she said she didn't want to have sex and you didn't stop the encounter. Why would a woman accuse of you of rape in Denver, Broomfield, and Jefferson County? Often, women have sex willingly and then become embarrassed later when they're talking to their friends and family. Then they lie, and say that they had too much to drink and were taken advantage of, or that they were forced into sex and raped.

Why You Need an Experienced Criminal Defense Attorney for Rape Charges in Denver

If you are convicted for Rape or Sexual Assault in Arvada, Highlands Ranch or Castle Rock, you could spend the rest of your life in prison. This is because Colorado has indeterminate sentencing for sex offenders. How does indeterminate sentencing work?

  • A judge cannot give you a maximum sentence – the upper limit is left open. An example would be that you would receive a sentence of 2 years to life in the Colorado Department of Corrections.
  • The parole board determines when you will be released. This decision is based on whether or not you are deemed safe for society, and this factor is limited by the availability of sex offender treatment in DOC.

If you are convicted and are serving an indeterminate sentence, your freedom will be in the hands of men who are susceptible to the whims of political power. Is it ever popular to release a sex offender or rapist? There will be many excuses that you haven't completed your treatment (often you are unable to complete your treatment because it is underfunded and there is a lack of available space).

All this could happen to you because of one bad decision. One night stands with women when you've been drinking could land you in prison for the rest of your life. Don't place your life in their hands. Most importantly, if you have been accused, don't speak with Denver police. They will manipulate you into condemning yourself in the case.

Request a Free Consultation

If you or a loved one has been accused of sexual assault or rape in Colorado, 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 on the side of this page. Together, we can protect your future.

Image Courtesy of sattva / FreeDigitalPhotos.net

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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