Colorado Sex Crime Attorney Blog

Rape Defense Attorney Near Me in Denver Rape Fantasy Defense Against Sexual Assault Charges?

Posted by Kyle B. Sawyer | Aug 10, 2018 | 0 Comments

Sexual Assault is charged in Denver, Brighton and Golden, when a person claims they were raped or subjected to sexual penetration without their consent. A man was recently faced with questioning regarding this type of allegation against him, only to be exonerated by messages between himself and the accuser.According to the report, the 19-year-old girl had reported to police that she was grabbed from behind while on a jog, threw her to the ground, and sexually assaulted her. Police questioned the 17-year-old she accused and he showed messages between the two describing her rape fantasy. In fact, it was her initial post about a rape fantasy that connected the two. When confronted with the new information, the girl admitted that she lied and she was arrested for False Reporting.

Definition of Sexual Assault / Rape in Arapahoe and Douglas County

The Douglas and Arapahoe County, Colorado law definition of Sexual Assault, as it relates to the rape fantasy above – C.R.S. 18-3-402(1)(a) – is:

(1) Any actor who knowinglyinflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a) The actor causessubmission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will

When people describe a rape fantasy, it generally involves an element of surprise and the ‘victim' fighting back against the ‘actor' because they are literally enacting what a rape would entail.

Sentence for Sexual Assault in Adams and Jefferson County

For an allegation of rape, charged under subsection (a), Sexual Assault is a class 3 felony when physical force is involved, like the situation described above. A class 3 felony is punishable by an indeterminate sentence to the Colorado Department of Corrections with a minimum of 10 years and a maximum of life. That's a lot to face – especially if you were an active part of fulfilling someone's rape fantasy.

If you or someone you love has been accused of, arrested for, or charged with Sexual Assault or Rape, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule a free consultation or set up a jail visit. Together, we can protect your future.

Image Source: Pixabay-MabelAmber

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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