Colorado Sex Crime Attorney Blog

Is Consent a Defense to Sexual Assault on a Child Cases?

Posted by Kyle B. Sawyer | Oct 05, 2015 | 0 Comments

Is consent a defense to Sexual Assault on a Child cases in Colorado?
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As humans made in the image of God, we all want love and companionship. However, sometimes our desires for love can be dangerous. For instance, people can be charged with a sexual crime involving children after desiring intimate relationships with them. They may face charges even when sexual relationships are consensual in Denver or Arapahoe County. When facing criminal charges, defendants wonder whether consent can be used as a defense in court. Let's read more to find out.

Denver Sexual Assault on a Child Cases: “But, We Agreed to Have Sex”

Let's look at cases of Sexual Assault on a Child, C.R.S. 18-3-405, and Sexual Assault on a Child by a Person in a Position of Trust, C.R.S. 18-3-405.3, for example. In Denver and Jefferson County, Sexual Assault on a Child is charged when someone has sexual contact with a child victim under the age of fifteen. The actor has to be at least four years older than the child. Sexual Assault on a Child by a Person in a Position of Trust is charged when an actor has sexual contact with anyone less than eighteen years of age when the actor is in a position of trust. Both of these situations often happen when consent is given.

For example, I've seen many stories where teachers had sex with 17-year-old students (who consented) and faced sexual offense charges. There are other stories of 19-year-olds having sex with their 14-year-old girlfriends (who consented) and they faced criminal charges. The bottom line in these examples is that consent was given by the child, yet the child victim is not to blame. So, is consent a defense in child sexual assault cases?

Is Consent a Defense for Child Sex Crime Cases in Adams County?

Prosecutors are harsh on child sexual assault cases. That's why expert sex crimes defense lawyers are important.

Unfortunately, consent is not a defense in Adams County and all over Colorado when kids are involved. The government is harsh when it comes to sexual offenses involving children. Police, District Attorneys, witnesses and judges believe the child victim's word over the defendant's. This mindset often sends innocent people to prison, without the necessity of physical evidence to prove their guilt. That's why our experienced sex crimes attorneys are so crucial.

Is Consent a Defense in Arapahoe County Sexual Assault / Rape Cases?

Consent isn't a defense in sexual assault cases involving kids, but is consent a defense in other cases? In some other cases, it is. For example, when an adult woman has sex with a guy at a party (after consenting) and later claims she was raped, consent may be used as a defense. An expert criminal lawyer would interpret evidence and present it before the judge and jury when false sex assault allegations are made. Colorado's Romeo and Juliet laws also allow some children younger than eighteen to consent to sex based on certain conditions.

Facing Sexual Assault on a Child Charges? Contact a Sex Crimes Defense Lawyer

As sex crimes defense attorneys in the Denver-metro area, we handle many different sex crime cases across Colorado. We travel from Grand Junction to Burlington, and Fort Collins to Trinidad.  Many of our criminal cases involve innocent people who have just made a mistake in judgment or have gotten caught up in romantic feelings. Whatever the case, the best criminal defense lawyer is essential for protecting your future. Contact us today.

Request a Free Consultation

If you are facing any sexual offense charges in Denver, Adams, Douglas County, or anywhere in Colorado, be smart and exercise your right to remain silent. Call the O'Malley Law Office at 303-830-0880 or fill out the “Get Help Now” form on the side of this page. 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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