Colorado Sex Crime Attorney Blog

Denver Sexual Assault Lawyer | Non-Consensual Sex Acts

Posted by Kyle B. Sawyer | Jun 02, 2020 | 0 Comments

Sexual assault charges in Denver often involve allegations of force or situations of intoxication or unconsciousness. Sometimes there is very little evidence in cases of sex assault, with no witnesses and only one side of the story. The penalties, however, are incredibly impactful and can ruin many aspects of a defendant's life. A key element in this sex offense is a forced or non-consensual act of sexual intrusion or penetration. Without this, unlawful sexual contact applies. It is vital that anyone facing an allegation of non-consensual sex consult a strategic Denver sexual assault lawyer as soon as possible.

Denver Sexual Assault Law

Denver's sexual assault law prohibits certain sexual acts without consent or by force. C.R.S. 18-3-402 defines the specific violations throughout Colorado. Someone commits sexual assault in Denver, Lodo, or Cherry Creek if they:

  • perform an act of vaginal, oral, or anal sex,
  • against the other person's will,
  • when the other person is intoxicated, high, or mentally debilitated,
  • or if they're physically helpless

In addition to the acts above, penetration with a foreign object or fingering are also considered acts of sexual assault. Age also matters a great deal in cases of sex assault in Colorado. The age of consent is a critical factor and should be discussed in detail with a defense attorney if your case involves anyone under the age of 17.

Denver Sexual Assault Penalties

Most cases of sexual assault are both a felony and an extraordinary risk crime. This designation adds to the possible time spent behind bars and fine amounts. When no force was used and the victim wasn't injured, sexual assault is a class 4 felony. Defendants face up to 8 years in the Colorado Department of Corrections, as well as a minimum fine of $2,000. However, when the following factors are present, consequences amplify:

  • threats,
  • use of force / violence,
  • drugging without consent,
  • injury,
  • use or mention of a deadly weapon

These elements can lead to decades in prison and in some cases, a life sentence. Sexual assault is also an offense that requires sex offender registration. Personal information is made available to the public and especially harmful assumptions often spread throughout the communities where sex offenders live.

Denver's Top Sex Crime Attorneys

When facing an allegation of sexual assault in Colorado, there are two essential steps that defendants should take. First, don't talk with police, investigators, or others about the situation. Exercising your right to remain silent can make a significant difference when it comes to the outcome of your case. Second, secure a strategic Denver sexual assault lawyer who has experience navigating these complex cases. Perhaps no penetration or intrusion occurred, consent was present, or the alleged victim is regretting their choices. That said, contact our office today for a free consultation. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing sexual assault allegations in Denver and throughout the front range.

So, if you or someone you know is facing a sexual assault charge, the time to act is now. Contact a determined defense lawyer at Sawyer Legal Group, LLC at 303-830-0880. Together, we can protect your future.

Photo by Gokil

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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