Colorado Sex Crime Attorney Blog

Sexual Assault (CRS 18-3-402) and the “He Said vs. She Said” Debate at Trial, Part 1

Posted by Kyle B. Sawyer | Sep 30, 2012 | 0 Comments

A Jury in Denver has found a former marine guilty of Sexual Assault (CRS 18-3-402), a class 3 felony, and a crime subject to indeterminate sentencing. In this real-drama of a sex crime unfolding before the public, it is important to see the steps one must go through when facing a trial for a sex crime like Incest (CRS 18-6-302), Enticement of a Child (CRS 18-3-305), or Internet Sexual Exploitation of a Child (CRS 18-3-405.4). Be advised that anytime a sexual crime goes to trial in Denver, Jefferson, or Arapahoe County, it is risky business.

A conviction of a sex crime in Adams, Larimer, or Weld County is the most serious conviction in Colorado. Because of Colorado's indeterminate sentencing clause when punishing sex crimes, a guilty verdict of Sexual Assault on a Child, Sexual Assault, or Aggravated Incest could mean life in prison, not to mention registration as a sex offender, and Intensive Supervised Sex Offender Probation (SOISP).

Often, these serious charges come down to a he-said vs. she-said battle in a court room in front of jurors and judge. With little or no evidence to corroborate the different versions of the story presented by the defendant and the plaintiff, these cases may often be decided based on which party plays best to the jury. In no other criminal case is something so important decided by something so subjective. No evidence? No problem.

The judge in this sex case admitted before the trial that the case would become a court room spectacle with a he-said vs. she-said debate. The jury would decide the case simply based on who was more credible: a woman who was considering joining a convent, or a decorated and respected former marine. The next blog will focus on the different strategies presented by the defendant's criminal lawyer and possible reasons for why the jurors decided to convict this man of Sexual Assault.

If you are approached by police officers and accused of a sex crime in Littleton, Englewood, or Aurora, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

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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