When you hear someone is facing Sexual Assault charges in Adams, Denver, or Jefferson County, you make a negative judgment about their character. After all – Sexual Assault is a serious offense which wouldn't be charged if it didn't happen, right? Wrong. Unfortunately, Sexual Assault – C.R.S. 18-3-402, is often charged after mutual sexual contact. Let's look closer at this sex offense; I'll give you a simple definition of the crime, as well as examples.
The Lawyer's Definition of Sexual Assault
The legal jargon:“Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or (c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or (d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or (e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or (f) 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, unless the act is incident to a lawful search; or (g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or (h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.”
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The Simple Definition of Sexual Assault
The simplified version:“Any person (actor) who knowingly has sex (intrusion or penetration) with another person will be charged with sexual assault if the submission was caused by the use of threats; or by taking advantage of ignorance, or physical helplessness; while in a position of authority while in custody of the law; or while pretending to offer medical services. It is also charged if the alleged victim is under the age of 15, and the actor is at least four years older, or if the alleged victim is between the ages of 15 and 17 (16 years old) and the actor is at least ten years older (and they aren't married).”
Examples of Sexual Assault Charges
Image Credit: Pixabay – RondellMelling
Braden decided to join his friends at the bar in downtown Denver. Usually, he isn't one for drinking and partying, but he's had a stressful week and wants to let loose a bit. During the course of the evening, he meets a friend of an old classmate. Her name is Kate, and they really hit it off. Kate just broke up with a serious boyfriend, and is happy to be dating again. They have a few drinks, and everything clicks between them. Braden asks Kate if she wants to head to his place a few blocks away for a nightcap. Kate agrees. The evening quickly escalates and the two end up sleeping together. After that night, they try to stay in touch, but Kate stops answering Braden's calls. One day, he is contacted by the Denver police – Braden is now facing Sexual Assault charges. He knows the reason; Kate recently got back together with her old boyfriend. Embarrassed she slept with someone else during their “break,” Kate made up a story about being “too drunk to consent.” Unfortunately, Braden is now facing serious charges, prison, and sex offender treatment and registration.
Image Credit: Pixabay – Takmeomeo
Age of Consent Confusion
Chris met Hannah at a party on the CU Boulder campus. She was funny, sweet, adventurous, and kind. They started to hang out after meeting at the party, and a strong friendship blossomed. A few months later, the relationship continued to grow, until they decided to start dating. Hannah was younger than Chris; at 17, she was still in high school. But, he was only a sophomore, so the slight age difference didn't bother them at all. As time passed, Chris suddenly became aware of a few odd things about Hannah; she never drove her car, choosing to walk or take the bus instead to meet him. And, she never wanted him to meet her parents, always avoiding contact with them both. One day, Chris was confronted by an angry man in the parking lot outside his dorm room. The man claimed to be Hannah's father, and he was furious at Chris. He said he had called the police, and now Chris would “pay.” Apparently, Hannah had been lying to him about her age – she was in fact, much younger. She was almost 15. At 19 years old, Chris was more than four years older than her, so he will face Sexual Assault charges.The police don't need much evidence to convict you for Sexual Assault. Contact a lawyer if you've been charged.
No Evidence Required for a Conviction
You might be thinking the examples above are a bit overkill. After all, a person couldn't be convicted simply on the word of the accuser! Unfortunately, these examples arise out of real situations I have faced as a criminal defense attorney. In Sexual Assault cases, there are usually no witnesses. The word of the alleged victim is all the police need to go on. Second, there usually is not question about whether or not sex occurred, the question really is, “was it consensual or not?”
Why You Need a Lawyer for Sexual Assault Charges
We have defended countless clients who swear the one-night stand or other sexual encounter was mutual. Unfortunately, the police and District Attorneys in Arapahoe, Douglas, and El Paso County don't need much evidence to convict someone of Sexual Assault. All they need is the word of the alleged victim, who can say the assault took place as an act of force, or after they were too drunk to give consent. Whatever the case, you need an aggressive criminal defense lawyer fighting on your behalf if you are facing Sexual Assault charges. The consequences of a conviction include:
Indeterminate Sentencing in Prison
Sex Offender Registration
Sex Offender Treatment
in the Harsh SOMB Program
Don't put your future in the hands of an inexperienced defense attorney. Instead, contact one of our hardworking sex crimes defense lawyers who will fight tirelessly on your behalf in Pitkin, Gilpin, and Grand County. We believe in our clients, and will work hard to get you the best possible outcome in your case. Here at the O'Malley Law Office, we fight to win.
Get Help Now
If you or a loved one is facing Sexual Assault charges, 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
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