Last week in Colorado Springs, a 63-year old UBER driver sustained several injuries when a 22 year-old man attempted to sexually assault her, hitting and biting her multiple times. After the woman managed to escape her vehicle, the man drove off with her car. According to KRDO, Detectives arrested the man, who is now held in the El Paso County Criminal Justice Center on charges of “Attempted Sexual Assault, Second Degree Assault, Robbery, Aggravated Motor Vehicle Theft, and Failure to Register as a Sex Offender.”
Definition of Sexual Assault in Denver, Colorado
In Denver and throughout Colorado, C.R.S. 18-3-402 Sexual Assault is defined as:
(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; or
- (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or
- (c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or
- (d) At the time of the commission of the act, 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 spouse of the victim; or
- (e) At the time of the commission of the act, the 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 is not the spouse of the victim; or
- (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
- (g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
- (h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
Penalty for Sexual assault in Arapahoe County
In Arapahoe County, Sexual Assault is typically charged as a class 4 felony. The penalty includes a prison sentence of 2 – 6 years, and a fine between $2,000 – $500,000. If there is physical force or physical violence involved, threats of death, injury, extreme pain, or kidnapping, or if the victim was drugged, the crime can become a class 3 felony. If multiple people committed the assault, if the victim is seriously injured, or if the actor is armed with a deadly weapon used in a way to cause submission, the crime escalates to a class 2 felony. A class 2 felony can mean 8 – 24 years in the Colorado Department of Corrections, and a fine between $5,000 and $1,000,000.
Lawyer for Sexual Assault in Adams County
Beyond jail time and fines, comes years of registering as a sex offender, a closely supervised and strict lifestyle overseen by the Sex Offender Management Board, prejudice and more. Don't leave your fate in the hands of an angry judge and a DA who wants nothing more than to see you in prison for as long as possible. If you are facing charges in Adams County for Sexual Assault, contact the defense lawyers at O'Malley and Sawyer today – call 303-830-0880. Together, we can protect your future.