Jan 05

Denver Sexual Assault Lawyer | The Line Between Unlawful Sexual Contact and Sexual Assault

A woman accused a man of sticking his hand down her pants while she was sleeping on a flight. She claimed there was penetration, making it a Sexual Assault charge.

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Touching someone’s intimate parts without permission is charged as Unlawful Sexual Contact in Denver, Aurora, and Castle Rock. However, there is a fine line that can be crossed, easily changing misdemeanor Unlawful Sexual Contact to felony Sexual Assault. A man was recently accused of inappropriately touching a woman while she was sleeping on a flight. The woman claims that the man unbuttoned her shirt and pants and she woke up to him penetrating her with his hand. The man made admitted he had put his hand down her pants, but claims he did not penetrate her. If his admissions were the extent of it, he would be facing Unlawful Sexual Contact charges. However, the woman’s claims likely mean the man will face Sexual Assault charges.

Unlawful Sexual Contact Attorney in Douglas County: Definition of Unlawful Sexual Contact in Arapahoe County

The Douglas and Arapahoe County, Colorado law definition of Unlawful Sexual Contact as it relates to the story above – C.R.S. 18-3-404(1)(a) – is:

(1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:

(a) The actor knows that the victim does not consent;

Unlawful Sexual Contact covers any sexual contact or touching of intimate parts, whether it be over or under clothing. The woman said she was sleeping while it happened, meaning she did not consent to the contact. This crime addresses only external contact – accusations of internal contact become the more serious Sexual Assault charges.

Sexual Assault Attorney in Adams County: Jefferson County Definition of Sex Assault

The Adams and Jefferson County, Colorado law definition of Sexual Assault, as it relates to this story, – C.R.S. 18-3-402(1)(h) – is:

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

(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.

A sleeping person is physically helpless and the woman made it clear she did not consent to the contact when she came to and realized what was happening. Her claim that the man penetrated her is what makes Sexual Assault charges likely. Sexual penetration or intrusion is the key difference between Unlawful Sexual Contact and Sex Assault.

If you or a loved one has been accused of, arrested for, or charged with Sexual Assault or Unlawful Sexual Contact, 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 your free consultation. Together, we can protect your future.

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