Colorado Sex Crime Attorney Blog

False Accusations of Rape or Sexual Assault in Denver Woman Admits to Lying About Rape

Posted by Kyle B. Sawyer | Mar 29, 2018 | 0 Comments

It's not something that we want to believe, but people do lie and have ulterior motives for claiming they were sexually assaulted or raped in Denver, Aurora, and Castle Rock. A college student recently admitted to lying when she reported that she was a victim of Sexual Assault. Luckily, in her case, she reported it occurred with an unknown assailant, so no one was ever charged. But, when the false accusation is against a known person, it is a terrible situation where an innocent person is fighting for their life.

Douglas County Sexual Assault Attorney: Definition of Sexual Assault in Arapahoe County

The Douglas and Arapahoe County, Colorado law definition of Sexual Assault (as it generally relates to false allegation) – C.R.S. 18-3-402(1)(a)(b)(d)(e)(h) – is:

(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or

(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or

(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or

(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.

In our experience, regret seems to be a common reason behind a false accusation of rape. Wishing that something didn't happen does not mean that there was no consent.

Sentence for Sexual Assault in Adams and Jefferson County

In Jefferson and Adams County, Sexual Assault can be a class 4 felony, class 3 felony, or class 2 felony depending on the subsection it is charged under and if there are any aggravating factors. It is also subject to indeterminate sentencing, meaning a conviction could mean life in prison.

If you or someone you love has been falsely accused of Sexual Assault, 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 today to schedule your free consultation. Together, we can protect your future.

Image Source: Pexels-Kat Smith

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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