A man was arrested earlier this year by University of Colorado police for alleged Sexual Assault / Rape – C.R.S. 18-3-402. According to the “victim”, the man was staying the night at her apartment on campus (at her request). After some consensual cuddling, the woman fell asleep. She awoke later to find she was being assaulted. She told him to leave, and he did so – leaving campus. Five days later, he was arrested and charged with rape. This kind of incident will occur more and more in Denver, Adams and Douglas County as the definition of sexual assault evolves and changes.

Sex Assault Allegations Should Not Be Made Lightly

The definition of sexual assault is becoming vague as time passes. According to Colorado statute, a person commits sexual assault if they have sex or “sexual contact” with someone by force, deception, or who is physically helpless (drunk, asleep, etc.) without their consent in Jefferson, Arapahoe and Broomfield County. In the CU campus incident, if the allegations are proven true, the man did indeed commit sexual acts on the woman while she was “physically helpless” (asleep). What isn't taken into account is that moments before she fell asleep, the woman was cuddling, in bed, with this man who she was so shocked was “assaulting” her as she slept.

The Consequences of a Sexual Assault Conviction

This woman obviously doesn't realize how she has destroyed this young man's life. Hopefully she didn't make these allegations carelessly. He could spend the rest of his life in prison, will undergoe invasive sex offender treatment, and will have to register a sex offender if he gets out of prison.

 – Indeterminate Sentencing

Sexual Assault is subject to indeterminate sentencing in Colorado. This means that if you are convicted of rape in Denver, Aurora or Littleton, a judge can sentence you to 4 years to life in the Colorado Department of Corrections.

 – Sex Offender Treatment

Sex offenders must go through treatment, as overseen by the Sex Offender Management Board (SOMB). The SOMB applies a “one-size-fits-all” approach when treating sex offenders. They will treat the man in the CU case the same as a serial rapist, or pedophile. The SOMB also believes that sex offenders have a “behavioral disorder”, and are “dangerous, covert, deceptive and secretive.” The man in the CU case didn't sound covert or deceptive. Instead, when the woman woke up and asked him to stop, he did. When she asked him to leave, he did. These don't sound like the actions of a man with a “behavioral disorder,” but he will be treated as such (read more about SOMB tactics in our blog post, “Colorado Sex Offender Management Board: “No Cure” Philosophy”).

 – Sex Offender Registration

The man will also have to register as a sex offender. This means he will be labeled as a dangerous person for the rest of his life. He will be severely limited as to where he can live and work (in fact, some cities essentially ban sex offenders from living in them), and will have to notify the public of whatever area he is allowed to live.

Sex assault is a very serious allegation. If you or a loved one has been arrested by Denver, Highlands Ranch, or Arvada police, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Source: CBS Local News

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