If you have been charged with Sexual Assault, it doesn't mean that you are guilty. In fact, those charged of a sex crime in Colorado are legally considered innocent until proven guilty. A Westminster police officer faced sexual assault charges after a woman that he drove home from the hospital claimed that he raped her. According to the article, the officer “‘took an opportunity' when it was presented by the woman via her ‘actions and by her words” and engaged in consensual sexual contact (Broomfield Enterprise). In a position of authority, his actions were still illegal, and he pled guilty to Abuse of Power and Unlawful Sexual Contact. While these misdemeanor crimes will still have a serious affect on his future, they are nowhere near as life-altering that the two counts of felony Sexual Assault would have had on his life, had he been convicted of them. Inconsistencies in the woman's story, lack of evidence, and the fact that the woman was intoxicated all helped in the defendant's case.
How is Sexual Assault Defined in Jefferson County?
In Jefferson County and throughout Colorado, Sexual Assault is charged when a person forcibly and without consent inflicts sexual intrusion or sexual penetration on someone. There is a specific section of the Colorado Revised Statutes' Sexual Assault law regarding police officers using their authority to commit sexual assault. C.R.S. 18-3-402 (f) states that if “The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit” to sexual intrusion/penetration, Sexual Assault has been committed.
Penalty For Sexual Assault vs Unlawful Sexual Contact in Adams County
If you are charged with Sexual Assault in Adams County, you will be facing at least a class 4 felony, punishable by 2 – 6 years in prison and fines as high as $500,000. If no sexual penetration has occurred, the actor can be charged with Unlawful Sexual Contact if they have touched someone's intimate parts without their consent or ability to consent. This is a class 1 misdemeanor crime that will mean anywhere between 6 – 24 months in jail if convicted.
Denver Defense Attorney for Sexual Assault Charges
If you have been charged with Sexual Assault or Unwanted Sexual Contact in Denver, Colorado, your future is on the line. Even though these crimes have very different sentence lengths, a conviction of either will require you to undergo sex offender treatment and register as a sex offender, which will affect your ability to get a job and apply for housing. If contacted by police, exercise your right to remain silent – Police do not often follow the mindset of “innocent until proven guilty” and will want to write down anything that they can to convict you. Instead, call an experienced defense attorney at 303-830-0880 as soon as possible. Together, we can protect your future.GET HELP NOW