Colorado Sex Crime Attorney Blog

Denver Attorney – Age of Consent and Sexual Assault

Posted by Kyle B. Sawyer | Mar 14, 2016 | 0 Comments

Age of sexual consent is a common concern among men and women living in Denver, Arapahoe County and across Colorado. Since cases of Sexual Assault can be serious, it's imperative you consult a criminal defense lawyer if you've been accused or charged with any type of sexual assault regarding a sexual relationship with a child or teenager.

Lawyer in Adams County for Age of Sexual Consent: When Can a Child Give Sexual Consent?

In Glendale, Adams County and across Colorado, the age where an individual can give sexual consent is normally 17 years old. However, a child under 17 years old can give consent in certain situations as well. According to Colorado's Romeo and Juliet laws, a child who is 15 or 16 years old can consent to a sexual relationship with an older person if that person is not more than 10 years older than the child. Additionally, a child under the age of 15 can also consent to a sexual relationship with an older individual if the individual is not more than 4 years older than the child. For example, a 13-year-old can consent to a sexual relationship with a 15-year-old.

[pullquote align=”center” textalign=”center” width=”80%”]Consult an experienced lawyer if you have more questions about Colorado's age of sexual consent.[/pullquote]

Sexual Assault, Statutory Rape in Douglas County: When a Child Cannot Give Sexual Consent

Age is crucial when determining what constitutes a legal sexual relationship. Sexual Assault, C.R.S. 18-3-402, can be charged under several circumstances in Douglas County and across Colorado. Some ways (regarding specific age ranges) that Sexual Assault can be charged are if sexual penetration or sexual intrusion occurs on a victim when:

  • A victim is less than fifteen years of age and the actor is at least four years older than the victim and isn't the victim's spouse;
  • A victim is 15 or 16 years old and the actor is more than ten years older (this would be misdemeanor Sexual Assault).

Children Cannot Consent When Actor is in a Position of Trust in Jefferson County

If a person is in a position of trust with respect to a sexual assault victim, they will be charged with Sexual Assault on a Child by One in a Position of Trust.

If a person is in a position of trust with respect to the victim of the sexual assault in Jefferson County (such as a counselor, teacher, pastor) they will be charged with Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3. A child cannot consent to the sexual relationship with the person in the position of trust if the child is less than eighteen years old. In many sexual assault cases, older individuals aren't aware of the specifics regarding age of sexual consent. For example, an older individual in a position of trust may have a sexual relationship with a 17-year-old, thinking the 17-year-old can consent. But, when the older person is in a position of trust, the law treats age of sexual consent and sexual relationships much differently. Sexual Assault on a Child, C.R.S. 18-3-405, is another sexual offense which can be charged if sexual contact occurs between a victim less than 15 years old and an actor at least four years older than the victim.

Attorney in Gilpin County for Sexual Assault Charges: Call Today

If you or a loved one has been accused or charged with sexual assault in Gilpin County or anywhere else in Colorado, you should contact an experienced sexual crimes defense lawyer right away. The consequences of any sexual assault or unlawful sexual contact conviction can be life-altering, including possible jail time, sex offender registration and even an indeterminate prison sentence. There is a lot at stake in a sexual assault case. Call the best sexual assault criminal defense lawyers at the O'Malley Law Office today and protect your future.

If you or a loved one has been charged with a sex crime involving children anywhere in Colorado, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Image Courtesy of adamr / 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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