Colorado Sex Crime Attorney Blog

Expert Witnesses and Serious Bodily Injury in Sexual Assault Cases in Denver

Posted by Kyle B. Sawyer | Apr 09, 2014 | 0 Comments

Expert witnesses are important in sexual assault cases in Colorado. Learn more in our blog.
If you have been charged with Sexual Assault – C.R.S. 18-3-402 in Denver, Arapahoe, or Douglas County, and there are allegations you caused Serious Bodily Injury (SBI), you need to contact an experienced sexual assault defense attorney immediately. This is because there are special sentencing rules in Sexual Assault / Rape cases. You need to have someone fighting on your behalf who has a strong grasp on the law, juries, and how District Attorneys operate. When Serious Bodily Injury is added to this charge, the sentence is much harsher. This is why we bring in expert witnesses to testify in support of your defense and prove the innocence of our clients. We call these expert witnesses “super witnesses” because they often provide testimony on key evidence. Let me explain how Serious Bodily Injury and expert witnesses are connected:

What is Serious Bodily Injury?

Serious Bodily Injury is defined in Colorado statute as “bodily injury which, either at the time of the actual injury or at a later time, involved a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.”

When there are accusations that Serious Bodily Injury occurred, we often turn to people in the medical profession, such as doctors, surgeons, dentists, or nurses to testify. They analyze the evidence in a Sexual Assault case and often testify in support of our defense. How, you might ask? Let's look at an example of how an expert witness can be the difference between a conviction and freedom:

[pullquote align=”center” textalign=”center” width=”60%”]Juries love expert witnesses, much like we all love good, old-fashioned superheroes.[/pullquote]

How Expert Witnesses Save the Day

Let's say a Denver County man has been accused of rape involving Serious Bodily Injury by an angry, revengeful ex-girlfriend. She has bruises and a fractured rib to prove her story. We contact a well-respected doctor to examine the x-rays, and he discovers the fractures occurred before the time when the alleged sexual assault took place. The expert witness' professional opinion validates our defense to the jury. Juries love expert witnesses, much like we all love good, old-fashioned superheroes. This is because doctors, nurses, and other expert witnesses are professionals with years of study and experience. It is difficult to doubt the professional opinion of a well-respected physician. Because the District Attorney couldn't prove beyond a reasonable doubt the sexual assault and Serious Bodily Injury occurred, our client is free. The super witness saved the day and kept an innocent man from going to prison.

Why You Need an Experienced Criminal Defense Attorney

We have a network of medical professionals and other expert witnesses we often work with in criminal cases in Jefferson, Larimer, and Adams County. They can be expensive to retain, but when their involvement means the difference between freedom and prison, a price cannot be put on their knowledge. The criminal defense lawyers at our office have over 20 years of experience working with expert witnesses and creating a strong defense for our clients. Don't stand alone in front of a judge. Work with a strong team who can fight on your behalf.

Request a Free Consultation

If you or a loved one has been charged with Sexual Assault / Rape, or another sex crime in Littleton, Aurora, or Thornton, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Image courtesy of vectorolie /

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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