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Sexual Assault and False Imprisonment in Denver: Man Who Handcuffs Woman in His Home Could Face Charges

Posted by Terry O'Malley | Jun 22, 2015 | 0 Comments

Your body aches, you're tired, and you feel emotionally and physically trapped. Mostly, you just want to go home. This was likely the case for a woman in a recent news story I read the other day. According to the story, a man kept a woman handcuffed inside of his home for a couple of days. Police had heard complaints about an assault, so they went to the man's home to investigate. When they entered the man's house, they found a handcuffed woman inside who said she was physically and sexually assaulted by the man for two days. If this news story was true and occurred in Douglas or Adams County, the man could face Sexual Assault and False Imprisonment charges.

What is Sexual Assault in Denver?

Sexual Assault, C.R.S 18-3-402, in Jefferson County is whenever a person has sex with someone else against that person's will, either through manipulation or force. It is also charged when a victim isn't capable of understanding what is happening and sex is forced upon him or her. This crime is often referred to as rape.

Unfortunately, in today's society, getting charged with sexual assault doesn't require as much evidence as you may think. Often, a couple may get drunk together and have consensual sex, and when the girlfriend wakes up the morning afterwards, she may regret it. The next thing you know, she could be making false accusations against her boyfriend that he raped her. This kind of an accusation can put anyone's future at stake, which is why it is crucial that you contact an experienced criminal defense attorney right away if accused.

Facing Sexual Assault charges?

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What are the Consequences of Sexual Assault in Colorado?

According to the news story, the man was having sex with a woman against her will. If he is found guilty, he will likely face Sexual Assault charges. Sexual Assault is either a class 1 misdemeanor, or a class 2, 3 or 4 felony. If the woman did not consent to the use of handcuffs, and if the man impaired the woman's ability to consent to sex by use of handcuffs, the man could face a class 3 felony charge.  A class 3 felony can result in 4-12 years in the Colorado Department of Corrections and up to $750,000 in fines. However, it's also possible that the woman did consent to the use of handcuffs and sex, but she falsely accused the man of rape. This is something that a criminal defense attorney can better evaluate. We are here to listen to your side of the story.

What is False Imprisonment in Arapahoe County?

False Imprisonment, C.R.S 18-3-303, is whenever someone intentionally restricts the movement of someone else without that person's consent and without legal authority. False Imprisonment is normally a class 2 misdemeanor, but is a class 5 felony if:

  1. Someone uses force or threat of force to confine or detain the other person; and
  2. The person confines or detains the other person for twelve hours or longer.

Penalties of False Imprisonment

If the woman really was in the man's house for two days, she would have been confined for over twelve hours. As a result, it's possible the man could face a class 5 felony charge for False Imprisonment, resulting in 1-3 years in prison and up to $100,000 in fines. False Imprisonment can be charged in many scenarios, such as putting somebody in a headlock or not allowing them to pass by you. Sometimes people do not even have an intent to “imprison” another,  but a District Attorney in El Paso County will still charge you with the crime of False Imprisonment. This is why it's best that you place yourself in the hands of an experienced criminal defense attorney if facing False Imprisonment charges.

Why You Need the Best Denver Criminal Defense Lawyers

Sexual Assault and False Imprisonment are both serious crimes that are often charged unjustly, especially if that person did not have bad intentions. It is important that you do not make any statements to the police, as they will try to use evidence against you. You can better protect yourself and your family by exercising your right to remain silent, and by contacting one of our aggressive criminal defense attorneys at the O'Malley Law Office. We fight to win.

Get Help Now

If you or a loved one has been arrested or charged with Sexual Assault or False Imprisonment, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: FreeDigitalPhotos.net – patrisyu

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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