In Denver, rape and sexual assault accusations are more common than you may think. In many Sexual Assault cases, the judge and jury will believe the alleged victim's word over the defendant's, even when little or no evidence is present. If you or someone you love is facing false allegations of Sexual Assault in Colorado, contact the best sex crimes lawyers at the O'Malley Law Office today.

Sexual Assault and Rape Definition in Douglas County

In Douglas County, the definition of Sexual Assault, C.R.S. 18-3-402, is listed below:

“(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.”

Rape and Sexual Assault Charges in Adams County | False Allegations of Rape

Unfortunately, false accusations of Rape and Sexual Assault are common in Adams County. Imagine the scenario where a woman has too much to drink one night and consents to sex with a man who was also drinking. After the fact, the woman feels guilty and falsely accuses the man of forcing her to have sex without consent, by alleging she was incapable of understanding her own conduct due to drinking too much. Think of another case, where an 18-year-old falsely accuses a stepfather of sexually assaulting her to try to get her stepfather out of the home. To make matters more complicated in court when it comes to false sex assault allegations, Colorado has a law called the Rape Shield Law. This law keeps the jury from learning about the sexual history of an alleged victim in a Sexual Assault or Rape case. Keeping their sexual history private makes it difficult when false allegations are made, especially when an alleged victim has made other false sex assault accusations in the past. With the Rape Shield statute, the jury will never know about the other sex assault allegations. If the jury knew about the false accusations, they may be less likely to believe the alleged victim.

Sexual Assault Lawyer in Arapahoe and Jefferson County | Call the O'Malley Law Office Today

A Sexual Assault conviction comes with many crippling consequences in Arapahoe and Jefferson County, including an indeterminate prison sentence, sex offender registration and treatment, and a criminal record. An indeterminate prison sentence means the defendant will be sentenced to prison for an indeterminate amount of time. Additionally, when registering as a sex offender and completing treatment, the sex offender will have many restrictions and will be monitored closely. Your freedom and rights are in jeopardy if facing false allegations of Sexual Assault or Rape in Colorado. To be sure you can fight any false accusations of Sexual Assault, contact an aggressive criminal defense lawyer from the O'Malley Law Office today.

If facing charges or accusations of Rape and Sexual Assault in Denver, be smart and exercise your right to remain silent. Then, call the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Or, submit the “Get Help Now” form. Together, we can protect your future.