Understanding Colorado’s Sexual Assault Laws

A sexual assault charge is one of the most serious criminal charges a defendant can face. If you’ve been charged with sexual assault in Denver, CO, it’s imperative that you arrange for legal counsel promptly. Your sexual assault attorney will immediately get to work reviewing the facts of the case, answering your questions about the law, and building your defense strategies.

Definitions

Under Colorado criminal law, sex crimes are divided broadly into crimes of sexual assault, in which penetration occurred, and sexual contact. A sexual assault charge involves allegations of knowingly penetrating or intruding upon a victim when any of the following is alleged to be true:

• The defendant caused the victim to submit against his or her will.
• The defendant engaged in sexual assault while proclaiming that he or she was providing a medical treatment.
• The defendant knowingly engaged in sexual assault when the victim mistakenly believed that the defendant was the spouse of the victim.

Additionally, Colorado law recognizes that sexual assault has occurred if the victim is incapable of consenting to the act or incapable of understanding the act. Sexual assault may occur when the victim is detained in a hospital, jail, or other facility, the defendant holds authority over the victim, and the defendant employs this authority to coerce sexual activity. Sexual assault laws in the state also cover underage victims who are not old enough to consent to sexual activity.