Colorado Sex Crime Attorney Blog

He Said, She Said in Denver: High School Student Convicted of Rape

Posted by Kyle B. Sawyer | Nov 26, 2014 | 0 Comments

A high school student was convicted of rape after a he said she said case. Read more in our blog.

Image Credit: Pixabay – johnhain

When it comes to Sexual Assault cases, it usually comes down to “ he said, she said ” testimonies. And, while rape is a horrible act, sending an innocent person to prison for the rest of their life is also horrendous and unjust. I recently read a news story which perfectly illustrates how Sexual Assault trials turn into one person's word against the other. Let's take a look at this story, and look into why we believe in fighting for the rights of people who have been accused of sex crimes in Denver, Adams, and El Paso County.

Student Convicted of Rape in School Hallway

According to reports, the 17-year-old high school boy allegedly raped a 15-year-old classmate. Prosecutors say the young man dragged the victim down the hall of a high school during classes, and then forcibly raped her. The alleged victim says she said “no” several times and tried to hold him off, but was unable to do so. This case perfectly illustrates how rape cases often turn into “ he said, she said ” debates. The defense laid out the following evidence in the young man's favor:

No Video Surveillance

While there is video surveillance of the halls, the alleged assault took place in the one part of the hall which the video cameras don't cover. They have video of the young man grabbing the girl's arm, but no evidence beyond this.

Victim Showed No Emotion

In the video surveillance the prosecution did have, the girl didn't show any emotion – she didn't cry, or scream during the alleged assault. It wasn't until later that the girl spoke about the incident to her friends.

Victim Didn't Tell Anyone

Immediately after the alleged rape, the young woman didn't tell four different school employees she came across who could easily have helped her.

No Injuries Were Inflicted

A nurse examined the girl after the alleged assault, but the girl didn't suffer the normal injuries associated with a violent rape.

Defendant Doesn't Deny Sex

The young man doesn't deny that the two had sex. He simply says that it was consensual.

Prosecution is Blind to the Evidence in Sex Assault Cases

The young man's family is fighting to prove his innocence, even after his conviction. They say there is no way he committed the crime for which he will spend the rest of his life in prison. In fact, the young man's own sister says she was raped when she was twelve, and her brother “would never do this to nobody, he knows how this affected me and my family so I know this is just bogus.” The young man is well-liked, and has no previous criminal record. The family has pointed out that favorable evidence for their son was overlooked, and not allowed into the courtroom. The family and defense say the court didn't allow the testimony of multiple witnesses who were in the hallway at the time of the alleged rape. They also didn't' consider the fact that the girl might be targeting their son for her own reasons.

[pullquote align=”center” textalign=”center” width=”100%”]The court didn't consider the alleged victim could be targeting the young man.[/pullquote]

See Similar Circumstances in Denver

We see this often in our own sex crime cases in Jefferson, Arapahoe, and Douglas County. This is why you need the help of a skilled criminal defense lawyer if you or a family member has been charged with a sex offense. We fight hard to bring vital evidence into the courtroom which will prove your innocence, and we explain to the jury the burden of proof in criminal cases. Don't stand alone in the courtroom. Instead, contact one of our passionate criminal defense attorneys who will fight for your rights and freedom.

Request a Free Consultation

If you or a loved one has been charged with rape in a “ he said, she said ” situation, 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. 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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