Colorado Sex Crime Attorney Blog

Man Accused of Sexually Assaulting Handicapped Woman

Posted by Kyle B. Sawyer | Feb 17, 2016 | 0 Comments

According to a news report, a 54-year-old man was accused of sexually assaulting a mentally disabled woman. Apparently, he had gone to her apartment to return a VCR and help with repairs. He then allegedly asked to give the woman a massage. At that point, he digitally and orally assaulted the woman without her consent. The woman then reported the incident a few days later. Since the woman was mentally handicapped, in Denver and Douglas County, Colorado, the man would be charged with Sexual Assault on an At-Risk Adult.

Douglas County Lawyer for Sexual Assault on an At-Risk Adult (Mentally Handicapped Adult)

One way Sexual Assault, C.R.S. 18-3-402, is charged in Denver and Douglas County is whenever an actor knowingly inflicts sexual intrusion or sexual penetration on a victim and knows the victim is incapable of appraising the nature of the victim's conduct. Since the man orally and digitally assaulted the woman, it would be considered sexual intrusion or sexual penetration. And, since the woman was mentally handicapped, she likely was unable to understand her own conduct.

At-Risk Adults | Definition in Arapahoe County, Colorado

An at-risk adult (this definition also includes at-risk elders) in Aurora and Arapahoe County includes a person seventy years of age or older or a person eighteen years of age or older and is someone with a disability. At-risk juveniles are people under the age of eighteen years who have a disability. A person with a disability includes someone who:

  • Is impaired because of loss of or permanent loss of their hand or foot;
  • Is impaired because of blindness or virtual blindness;
  • Is unable to walk, see, hear or speak;
  • Cannot breathe without mechanical assistance;
  • Has an intellectual and developmental disability;
  • Has a mental illness;
  • Is mentally impaired;
  • Is blind;
  • Is receiving care and treatment for a developmental disability.

Since the woman was considered mentally handicapped, she would be considered an at-risk adult. Sexual offenses committed against at-risk adults are taken seriously under the eyes of the law, because at-risk adults are seen as more vulnerable. Unfortunately, in some cases, some people may not even have realized they had committed a crime against an at-risk adult or at-risk juvenile. For instance, think of the situation where a man subjects a woman to unlawful sexual contact, but doesn't know she is missing a foot because she's wearing shoes. He is charged more harshly because she's considered “at-risk”. Since the stakes are so high in a sexual assault case involving an at-risk adult or at-risk juvenile, you need to involve the best criminal lawyers in your criminal case immediately.

Sexual Assault on an At-Risk Adult | Charged as a Felony in Colorado

Sex offenses against at-risk adults or juveniles are taken seriously – you need an experienced attorney to defend you.

According to C.R.S 18-6.5-103(7)(a), if you've committed Sexual Assault or Sexual Assault in the First Degree (as it existed prior to July 1, 2000) against an at-risk adult or at-risk juvenile, it will be a class 2 felony in Boulder and Jefferson County. If you've committed Sexual Assault in the Second Degree (as it existed prior to July 1, 2000) against an at-risk adult or at-risk juvenile, it is a class 3 felony. Sexual Assault in the Third Degree (prior to July 1, 2000) against an at-risk adult or juvenile is a class 6 felony. As you can see, Sexual Assault against an at-risk adult or at-risk juvenile can come with serious consequences in Jefferson County and across Colorado. Consult one of our experienced lawyers as soon as possible if you've been charged or accused of Sexual Assault on an at-Risk adult anywhere in Colorado.

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If you have been charged with Sexual Assault on an At-Risk Adult or At-Risk Juvenile in Colorado, be smart, exercise your right to remain silent, and call the best criminal defense attorneys at 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.

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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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