Sexual assault accusations in Boulder, Colorado can abruptly alter someone's life. A night out at a party can quickly turn into criminal penalties if someone drinks too much alcohol and participates in sex that involves any amount of force or non-consensual acts. Sometimes in these cases there is culpability. Others times an alleged victim changes their mind the next morning about what transpired the night before or seeks revenge through an accusation of rape. Any charges relating to sexual assault requires swift action by contacting an especially skilled sexual assault defense attorney.
Things to Know About Colorado's Sexual Assault Law
C.R.S. 18-3-402 defines the specific elements of sexual assault in the state of Colorado. Someone commits this offense in Boulder or Longmont if they:
- knowingly inflict sexual intrusion or penetration,
- on another person against their will or without consent,
- or if he / she is intoxicated, high, mentally debilitated, or physically helpless (asleep)
It is important to note that sexual assault does not include unwanted touching, fondling, or groping. Those actions are unlawful sexual contact. Intrusion or penetration includes sex acts such as intercourse, oral sex, anal sex, fingering, and penetration with a foreign object. While the age of consent is 17 in Colorado (18 if the actor is a position of trust), certain parameters exist for those under this age. Teenagers who are 15 or 16 can consent to sex with someone who is less than 10 years older (as long as the other person isn't in a position of trust to the teen). Additionally, children 14 or younger can consent to those less than 4 years older.
How Long Can You Go to Jail for Sexual Assault in Boulder?
The consequences of a sexual assault conviction depend on the specific facts of each case. If the defendant didn't use force and the victim wasn't injured, a class 4 felony applies. This can result in:
- 2 – 8 years in the Colorado Department of Corrections,
- and / or fines of $2,000 – $500,000
However, sexual assault in Boulder County becomes a class 3 felony if there is a threat or use of force or the victim is purposefully drugged. Potential consequences in these scenarios include:
- 4 – 16 years in prison,
- and / or fines of $3,000 – $750,000
Boulder Sexual Assault Defense Attorney
Consulting a strategic sex crimes attorney early on is crucial when it comes to allegations of sexual assault. Sometimes there aren't any witnesses to these accusations or DNA evidence. You could also be facing a claim of something that allegedly occurred a decade ago. Perhaps the sex was consensual or the victim is claiming rape based on regret. Nevertheless, contact our office for a free initial consultation. We will carefully analyze your unique sexual assault case and suggest next steps, all while prioritizing your best possible outcome.
Don't talk to Boulder police about sexual assault allegations - talk to us. 303-830-0880.
Photo by Priscilla Du Preez