According to the news, a former university student was charged with rape after having sexual relations with an unconscious woman. The young man was discovered sexually assaulting the victim by two other students who noted that she was not moving or conscious. Despite being at an established university, a participant of the Olympic trials, as well as a qualified member of the swim team at his school, the college student sadly dropped out of school as a result of the incident.

What Constitutes Sexual Assault in Colorado?

In Colorado, there are several laws which govern what this man could be charged with. At O'Malley Law Office, we specialize in rape and other sexual offenses in Denver, Jefferson and Adams County. As the story involves someone in college, what could be the outcome if this incident had happened at Colorado State University (CSU), University of Colorado Boulder (CU), or University of Northern Colorado (UNC)? Someone would likely be charged with felony sexual assault. Sexual assault is a crime when there is:

“Sexual penetration present without consent, where the one committing the assault knows that the victim is not aware of it, as listed under C.R.S. 18-3-402.”

The woman in the story was not conscious; therefore the actor could be charged with rape, C.R.S. 18-3-402, due to her inability to give permission because of her mental state and physical incapability. Colorado Sexual Assault Convictions lead to sentences of 2 years to even life in prison.

How Our Sex Crime Defense Attorneys Can Help

Too often a story like this can be misrepresented. Your protection is vital to an expert sex crimes defense lawyer.

Situations such as the one in the news story above occur frequently, especially on college campuses. The criminal defense lawyers at O'Malley Law Office have stood by clients charged with felony and misdemeanor sexual assault charges, in all circumstances. In some cases, a person might be wrongly accused of an unlawful sexual encounter. For example, a victim may later claim they were unconscious, but they were actually fully aware of the act. Many alleged victims are willing to send a man to prison in an effort to save face, so it is important that you are protected and heard. If you or a loved one is currently facing rape or unlawful sexual contact charges in Douglas, Arapahoe or El Paso County, contact a skilled criminal defense attorney at our office to defend and protect your future.

If you or a loved one has been charged with a sexual offense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.