Sexual Assault is a crime on the rise in Colorado Springs and throughout Colorado. The laws surrounding sexual assault differ from state to state and are often misunderstood. Unfortunately, false allegations and individuals that change their mind after the fact are creating a culture that demonizes certain sexual behavior. Not only do unproven allegations ruin the reputation of the accused, but can also destroy the reputation of larger corporations. The popular YMCA of the Pikes Peak Region is currently facing a lawsuit for allegedly ignoring an employee's sexual assault claim. Whether true or not, the presumption of innocence is gone in today's society and there is far too much emphasis surrounding someone to blame. Therefore, an expert Colorado Springs sexual assault attorney is a critical entity when facing sex crimes of any kind.
What is Sexual Assault in Colorado Springs?
Sexual Assault C.R.S. 18-3-402 in Colorado involves acts of unwanted sexual intrusion or penetration. Intrusion refers to:
- even slight entry by an object or part of a person's body (excluding the mouth, tongue, or penis) into the genital or anal opening of another's body.
- the act(s) is done for the purpose of sexual arousal, gratification, or abuse.
Penetration refers to:
- intercourse (including anal)
- cunnilingus (oral stimulation of female genitals)
- fellatio (oral stimulation of male genitals)
- anilingus (oral stimulation of the anus)
The age of consent in Colorado involving the above behaviors is 17 (unless the actor is in a position of trust in relation to the 17 year old). Sexual intrusion or penetration with anyone under the age of 17 is sexual assault, regardless of apparent consent if the following is true:
- the alleged victim is 14 or younger and the actor is 4 or more years older (and not their spouse)
- the alleged victim is 15 or 16 and the actor is 10 or more years older (and not their spouse)
Punishments for Sexual Assault in Colorado Springs
Sexual Assault is typically a felony offense in Colorado. Additionally, it falls under the classification of an “extraordinary risk” crime. As a result, the maximum sentence can be longer. In cases where force is absent and no injury occurs to the victim, conviction is a class 4 felony with a potential sentence of 2 – 8 years in prison and a fine of $2,000 – $500,000. If the victim's submission was by threat, force, or drugging (without consent), sexual assault is a class 3 felony. Sentencing here can include 4 – 16 years and a fine of $3,000 – $750,000. In extreme cases, the threat or use of a deadly weapon or a victim suffering serious bodily injury can result in a class 2 felony.
Colorado Springs Sexual Assault Attorney | Expert Criminal Defense
In addition to the potential long periods of incarceration and significant fines, conviction of sexual assault results in sex offender registration and treatment. Treatment is overseen by the Sex Offender Management Board (SOMB) and involves an expensive “reprogramming” of an offender's behavior. Sex Offender Registration requires those convicted to report a great deal of personal information that becomes visible on the public registry such as full name, DOB, address, email / social media, and vehicle information. Charges with these potential consequences require an especially aggressive defense. Hiring an expert Colorado Springs sexual assault attorney can be all the difference when facing sex assault charges.
If you or someone you know is facing sexual assault charges, be smart. Contact the skillful defense lawyers at O'Malley and Sawyer at 303-830-0880. Together, we can protect your future.
Photo Credit: pexels – bruce mars