Colorado Sex Crime Attorney Blog

Statute of Limitations / Limitations of Actions for Sexual Assault Extended in Denver and Across Colorado

Posted by Kyle B. Sawyer | Oct 17, 2016 | 0 Comments

In Denver and across Colorado, the Statute of Limitations / Limitations of Actions for Sexual Assault, C.R.S. 18-3-402, cases (except under certain circumstances) has been extended to twenty years, including for the criminal attempt, conspiracy, or solicitation to commit felony Sexual Assault. However, there are other cases where the Statute of Limitations in Sexual Assault cases doesn't apply or where it begins after a victim reaches the age of 18. Let's continue reading to learn more about the Statute of Limitations / Limitations of Actions in Sexual Assault cases across Colorado.

Sexual Assault Statute of Limitations in Douglas County Extended to Twenty Years

As of this year, the Statute of Limitations for Sexual Assault cases in Douglas County and across Colorado has been extended to twenty years. Except for certain circumstances, under C.R.S. 16-5-401(8)(a.7)(I), (II) and (III), an adult person or juvenile may be prosecuted twenty years after the commission of an alleged Sexual Assault, C.R.S. 18-3-402, or juvenile delinquent act as to any offense or delinquent act charged as a felony under C.R.S. 18-3-402, or as criminal attempt, conspiracy, or solicitation to commit a felony under C.R.S. 18-3-402.

Statute of Limitations for Jefferson County Sexual Assault Cases When Victim Under 18

Additionally, except for certain circumstances in Jefferson County, if the victim at the time of the commission of an offense or delinquent act is a child under 18 years old, an accused adult or juvenile may be prosecuted twenty years after the victim reaches 18 years of age for Sexual Assault cases, or for criminal attempt, conspiracy or solicitation to commit felony Sexual Assault.

No Sexual Assault Limitations of Actions in Arapahoe County if Defendant or Juvenile is Identified and Offense Reported to Police

However, in Arapahoe County and across Colorado, in a case where the identity of the defendant or juvenile is determined by DNA testing, and where the offense was reported to law enforcement, within twenty years after the commission of the offense, there will be no Limitations of Actions after the commission of the offense:

  1. As to any offense or delinquent act charged as a felony under C.R.S. 18-3-402;
  2. Under any other criminal statute if the offense is a felony or would be a felony if committed by an adult and is based on the same act or series of acts arising from the same criminal episode as the offense or delinquent act charged as a felony under C.R.S. 18-3-402. However, this doesn't apply if the court finds there's no probable cause for the felony under C.R.S. 18-3-402.
  3. As to criminal attempt, conspiracy or solicitation to commit any of the offenses listed above.

This removal of the Statute of Limitations on this type of a case is likely the result of the DNA scientific evidence that there was some contact between the accused and the alleged victim.

Statute of Limitations and Limitations of Actions Attorney in Adams County

If you are facing charges or false accusations of Sexual Assault in Adams County or any other area of Colorado, don't hesitate to contact the best Sexual Assault criminal defense lawyers at the O'Malley Law Office to defend you. Our criminal defense attorneys will work hard to get criminal cases dismissed or charges reduced when the Statute of Limitations or Limitations of Actions is questioned. Call our office as soon as possible upon an accusation or charge of Sexual Assault and let us defend your future.

If you or your child is facing Sexual Assault charges in Colorado, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we will protect your future.

Image Credit: FreeDigitalPhotos.net – Kittisak

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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