In Denver, Castle Rock, and Aurora, Sex Assault is charged when a person inflicts sexual intrusion or penetration on another person without their consent. A widely publicized case involving a college swimmer is back in the media because the swimmer is appealing his conviction. On what grounds? Outercourse. Yes, apparently the defense is arguing that the swimmer never intended to have intercourse with the woman but was having sexual contact with her while fully clothed. Their claim is that these actions were the extent of his intent and not a precursor to rape. So, does outercourse meet the standard for Sexual Assault in Colorado? Let's take a closer look.

Douglas County Sex Assault Attorney: Important Definitions Related to Sexual Assault in Arapahoe County

According to the Douglas and Arapahoe County, Colorado law definition of Sexual Assault – C.R.S. 18-3-402 – a person must inflict sexual intrusion or sexual penetration on a victim in order to be charged with this crime.

Sexual intrusion is defined as:

any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

Sexual penetration, under Colorado law, means:

sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.

The problem with this particular case, is that the swimmer admitted to digitally penetrating the woman. This action would meet the standard provided by the sexual intrusion definition, and therefore would be considered Sex Assault.

Is Forced Outercourse Sex Assault in Adams and Jefferson County?

Even though by the own man's admission, he did penetrate her, what if he hadn't? Would an act of outercourse be considered Sex Assault? Based on the definitions provided, likely not. If outercourse consisted only of external sexual stimulation while fully clothed – with NO intrusion or penetration (because remember, even a slight penetration makes it Sexual Assault) then it probably wouldn't meet the standard for the crime. However, if the victim was not consenting to the outercourse, then Unlawful Sexual Contact would likely be charged.

If you or someone you love has been charged with Sexual Assault or Unlawful Sexual Contact, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 immediately to schedule your free consultation. Together, we can protect your future.

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