Colorado Sex Crime Attorney Blog

Is it Still Rape in Denver if a Victim Lies About Their Age?

Posted by Kyle B. Sawyer | Oct 09, 2015 | 0 Comments

Is it rape in Colorado if a victim lies about their age?
Image Credit: Pixabay – geralt

The answer is yes. In today's blog, we'll investigate this question further and look at the statute on Rape / Sexual Assault in Colorado.

How is Rape / Sexual Assault Charged in Jefferson County?

There are many ways Sexual Assault, C.R.S. 18-3-402, can be charged in Jefferson and Adams County, Colorado. While on the subject of age, however, let's look at what the statute says about its importance. According to C.R.S. 18-3-402(1)(d), Sexual Assault can be charged whenever someone knowingly inflicts sexual intrusion or sexual penetration on a victim if 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 victim's spouse. Sexual assault, C.R.S. 18-3-402(1)(e) can also be charged if a 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 isn't the victim's spouse. Now, given these contexts, is it still rape in Denver if a victim lies about their age?

Does It Matter to Colorado Prosecutors if a Victim Lies About Their Age?

Statutory rape is a strict liability offense, meaning there's no need to prove someone's intent or fault.

Unfortunately, if a victim lies about their age before having sex with an adult, it doesn't matter in court. The government would still see consensual sex with an underage victim (where the victim has lied) as rape. This is because statutory rape, or sexual assault, is a strict liability offense. Strict liability offenses don't require proof of intent, negligence or fault. Sadly, this only means more people are found guilty at jury trials. In Denver and Arapahoe County, many adults face sexual offense convictions for having sex with minors unknowingly. In fact, in another one of my blogs, a 19-year-old man was convicted of Sexual Assault on a Child after having sex with a 14-year-old. But, the 14-year-old allegedly lied about her age, saying she was actually seventeen. Her lie didn't matter to the judge, who still saw the man's behavior as inappropriate. Where is the justice in that?

Why You Need the Best Sexual Assault Defense Lawyer in Douglas County

Sexual Assault allegations are serious in Douglas and El Paso County. If you've been charged with Sexual Assault in Colorado, you should involve a sex crimes defense lawyer immediately. The criminal defense lawyers at the O'Malley Law Office specialize in sex crimes and work hard to protect our clients.

Request a Free Consultation

If you or a loved one is being investigated, accused or charged for Sexual Assault or any other sex crime in Denver, Aurora, or Littleton, Colorado, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys 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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