In a bold move, a man recently sexually assaulted a woman just south of Boulder, on Highway 93. The woman had stopped at the road side to check her GPS, when a man approached on foot and used a gun to remove her from her car. While many of our sexual assault cases lack a firm factual basis, this case appears to carry clear, aggravating circumstances which will result in a mandatory prison sentence if the accused is identified.
Sexual Assault in Denver, Jefferson, Douglas, Adams, and Arapahoe County is a serious crime which often carries the fear of an Indeterminate Sentence. The cases are frustrating due to their serious nature and mandatory sentence laws. In many cases our office handles, the alleged victim makes her allegations to gain revenge, or save face after a consensual encounter. We employ defenses like “consent”, which the District Attorney must overcome.
This case south of Boulder does not involve any type of consent defense and will be a difficult task to defend. With evidence of rape and violence, it is unwise to argue anything but mistaken identity. The advent of modern DNA is usually a solid scientific evidence tool for the government. Cases like Sexual Assault on a Child (C.R.S. 18-3-405), or Sexual Assault on a Child by a Person in a Position of Trust (C.R.S. 18-3-405.3), generally do not involve DNA evidence, but simply the word of a child that they were “touched” inappropriately.
It is hard to be sympathetic to the accused in this brutal and bold sexual assault. However, it is easy to be sympathetic to the hundreds of men each year who are falsely accused in Denver of Sexual Assault or Sexual Assault on a Child. There is an epidemic in our nation, where women and children have learned that police will blindly file a case, with no evidence of any kind, against the man, the woman, or child they want out of the way. Police are worried about criticism on a no-file decision, so they make their arrest and pass the case to District Attorneys scared with similar fears. On goes the cycle of injustice.
For over twenty years, we have fought against the false allegations prevalent in Colorado and beyond. If you are facing any kind of sexual assault or sex crime investigation, be smart, exercise your right to remain silent, and call us at 303-830-0880. Together, we can protect your future.