Spousal rape is a form of sexual assault that can occur when penetration or intrusion take place without consent between two married people. While this isn't a separate crime, actions of marital rape are punished similarly to sexual assault. This offense also carries consequences of domestic violence due to the intimate relationship involved. Sometimes spouses seek revenge for infidelity or make accusations to further their case while considering divorce. If you've been accused of non-consensual sex with your spouse, contact a spousal rape attorney as soon as possilbe.

Can Sexual Assault Occur Between a Married Couple in Colorado?

Sexual assault on a spouse is defined in CRS 18-3-402. This crime occurs in Denver when someone:

• knowingly inflicts sexual intrusion or sexual penetration,
• by submission of the victim via threats or physical violence,
• knowledge the victim can't consent,
• or the victim is physically helpless

It is important to note that prior consent to sexual activity isn't a defense to a sexual assault allegation from a current / former spouse. Additionally, being the victim's spouse doesn't protect the defendant either. Another key element of this crime is the action of penetration or intrusion. This includes sexual activity involving intercourse, oral sex, anal sex, or penetration with a foreign object. If the behaviors include unwanted touching such as groping or fondling, unlawful sexual contact applies.

What are the Penalties for Spousal Rape in Denver?

There are a few elements that can significantly impact the consequences for spousal rape in Colorado. A defendant's criminal history, domestic violence record, and whether or not injury was part of the offense can all affect a case. As an extraordinary risk crime, sexual assault also carries amplified penalties. When no force was present and the victim didn't suffer injury, a class 4 felony applies. Conviction can result in:

• 2 – 8 years in the Colorado Department of Corrections,
• fines of up to $500,000

Time in prison and fines increase from there when violence, threats, or force were present. Sex offender registration is another penalty of many sexual assault convictions. And finally, if the sentence enhancer domestic violence is in play, a restraining order and DV treatment / counseling may apply as well.

Denver Spousal Rape Attorney

Sometimes one person in a marriage says or does something out of the ordinary in response to a fight, disagreement, or unfaithfulness. However, an accusation of sex without consent takes things to another level. This is considered sexual assault in Colorado and an allegation requires immediate help from an experienced defense attorney. Our criminal lawyers specialize in sexual assault cases and know how to pursue the best possible outcome for our clients. Whether you're facing lies and false claims or there is a level of culpability, look no further than Sawyer Legal Group, LLC for representation in your case. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing sex crime charges throughout Colorado.

If you or someone you know is facing spousal rape accusations in Colorado, be smart. Contact the determined attorneys at Sawyer Legal Group, LLC at 303-830-0880. Together, we can protect your future.

Photo by Brooke Cagle