Colorado Sex Crime Attorney Blog

Domestic Violence and Sex Crimes: A Close Connection in Denver, CO

Posted by Kyle B. Sawyer | Mar 25, 2014 | 0 Comments

Domestic Violence and sex crimes are closely connected in Colorado. Learn more in our blog.
Sex crimes are closely related to charges of Domestic Violence – C.R.S. 18-6-800.3 (DV) in Adams, Denver, and Douglas County. This is because the nature of DV requires the element of an “intimate relationship” which must be present in order for this sentence – enhancer to be charged. In many situations, an intimate relationship is defined as a sexual relationship (although a recent court decision changed this definition, making it vaguer than ever – read our blog post about this change in the definition of DV). Let's take a closer look at how Domestic Violence and sex crimes are related: [pullquote align=”” textalign=”left” width=”50%”]Sexual Assault and Domestic Violence[/pullquote]

Let's say a man meets a woman at a bar in downtown Denver. They get along, so they start dating. On the second date, the woman drinks too much, and they end up going back to his apartment and sleeping together. The next day, the woman is embarrassed when she mentions what happened to one of her friends. Mortified that she slept with a man on their second date, she accuses him of Sexual Assault – C.R.S. 18-3-402, and says she was too drunk to say ‘yes.” The man could be accused with felony rape and the sentence enhancer of Domestic Violence, because the alleged crime occurred between two people who were in an “intimate relationship.”

[pullquote align=”” textalign=”left” width=”65%”]Unlawful Sexual Contact and Domestic Violence[/pullquote]

Unlawful Sexual Contact – C.R.S. 18-3-404 is charged easily in Arapahoe, Larimer, and Jefferson County. All it takes is for someone to touch another's intimate parts (including the butt or breasts), or the clothing covering the intimate parts, for the purpose of sexual gratification. Let's say a guy is out on the dance floor and is very drunk. He really gets into the music and grabs the butt of a woman on the dance floor. If he has ever been in a relationship with this woman (they went out on a couple of dates in high school), he could face charges of Domestic Violence as well as Unlawful Sexual Contact.

[pullquote align=”” textalign=”left” width=”80%”]Invasion of Privacy for Sexual Gratification and Domestic Violence[/pullquote]

Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.3 is charged whenever a person observes, or takes photos of another person's intimate parts for the purpose of sexual gratification, without permission, when the alleged victim has a reasonable expectation of privacy. Last year, a man was charged with this offense after allegedly taking nude photos of his girlfriend while she was asleep. In this situation, he could be charged with both Invasion of Privacy for Sexual Gratification and Domestic Violence.

The Sentence for Domestic Violence and Sex Crimes

When a person is convicted of Domestic Violence, they will be required to undergo treatment overseen by the Domestic Violence Offender Management Board (DVOMB). If they are convicted of a sex crime as well, they will be required to also go through sex offender treatment overseen by the Sex Offender Management Board (SOMB). DV treatment is expensive (the person going through treatment is required to pay). If you are convicted of DV, you will go through the same treatment as a man who is physically violent with his wife – no differentiation will be made. Also, a person convicted of DV will never be able to own a firearm, and may have a permanent protection order in place. These consequences are life-changing. Don't stand alone in front of a judge or a jury. Contact one of our experienced Domestic Violence and Sex crimes lawyers who will begin working on your defense immediately.

Request a Free Consultation

If you or a loved one has been charged with Domestic Violence and a sex crime, 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. Together, we can protect your future.

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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