Colorado Sex Crime Attorney Blog

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

Posted by Kyle B. Sawyer | Oct 05, 2012 | 0 Comments

To continue from a previous posting, a former marine was recently convicted of Sexual Assault (CRS 18-3-402) for a sex crime that occurred in an empty concourse at DIA. Criminal lawyers and prosecutors know the risk they take when going to trial on a sex crime case like Enticement of a Child (CRS 18-3-305), Internet Luring of a Child (CRS 18-3-306) or Incest (CRS 18-6-302) to trial in Denver, Larimer, or Weld County.

The basic facts of the case tell of a young woman stranded at DIA overnight because she missed her flight out of the state. She was hoping to attend a conference which might enable her to join a convent. She met the man accused of sexual assault at a bar in the airport. There, they struck up a conversation that continued after the two parties walked back to the woman's concourse. The woman said as soon as they were alone in the concourse, the man forced himself on her and raped her.

The defense tried many tactics to stave off the sexual assault accusations at trial. The accused testified that the woman showed him a suggestive note and he felt invited to have sexual relations with her. The prosecution stated that since the note has not been found it does not exist.

The defense explained to the jury that the woman had her reputation at stake when security guards came up to the couple engaged in sex. She was a religious woman and did not want her indiscretion with the man to hurt her reputation. Defense attorneys admit that there was a sexual interaction between the two, but argued it was consensual. They supposed the woman regretted her actions and was trying to “save face” by making the rape allegation.

Don't take any chances if accused of a sexual assault in Adams, Arapahoe, Douglas, or Jefferson County. If police contact you regarding charges of sexual assault, 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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