Rape or forcible Sexual Assault is charged when a person is accused of making another person have sex using force or violence to get the person to comply. A woman is accused of forcible Sexual Assault after the cable repair man claimed that while he was at her house, waiting for the cable box to reset, she performed a sex act on him against his will. According to the report, the man was sitting on her couch and she grabbed his hand and put it on her breast. She then proceeded to perform oral sex on him. The man claims she threatened to tell police that he forced her if he reported it. This apparently did not stop him from reporting though, as the woman was arrested and charged with Sexual Assault.

Adams County Sexual Assault Lawyer: Definition of Forcible Sexual Assault in Jefferson County

The Colorado law definition of Sexual Assault – C.R.S. 18-3-402(1)(a) – 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

By using force, the woman arguably caused submission against the cable guy's will. Sexual penetration includes oral sex, which is why the woman is begin charged with Sexual Assault involving force.

Sentence for Sexual Assault Involving Force in Douglas and Arapahoe County

In Arapahoe and Douglas County, Colorado, Sexual Assault is a class 3 felony when:

The actor causes submission of the victim through the actual application of physical force or physical violence.

Because the man alleged that the woman physically overcame him to perform oral sex on him, she is facing an indeterminate sentence. When force is used to commit a Sexual Assault, it is considered a crime of violence, which enhances the sentencing requirements. This means, for the class 3 felony forcible Sex Assault, the woman is facing 8 years to life in the Colorado Department of Corrections.

If you or a loved one has been arrested for, accused of, or charged with Sexual Assault involving force, 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 to schedule your free consultation or set up a jail visit. Together, we can protect your future.

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