Skip to Content
ABOGADA BILINGÜE DISPONIBLE
Top
Sexual Assault

What Constitutes Sexual Assault (Rape) in Colorado? 

Sexual assault is a serious criminal offense codified in Colorado Revised Statutes (C.R.S.) §18-3-402. Also known as rape, sexual assault is committed when a person engages in sexual contact or penetration without consent, or with someone who is physically helpless or mentally incapacitated, such as having sexual relations with individuals who are intoxicated or unconscious. 

Under Colorado law, sexual assault is defined as any knowing act of sexual penetration committed:

  • Against the victim’s will
  • When the victim is inebriated, under the influence of drugs, or otherwise mentally incapacitated 
  • When the victim is physically helpless, such as being asleep

Keep in mind that sexual assault isn’t limited to vaginal penetration, but encompasses many different sexual behaviors.Common acts that qualify as sexual assault include: 

  • Vaginal intercourse
  • Oral sex
  • Anal sex
  • Fingering
  • Penetration with foreign objects
Continue Reading Read Less

What Are the Penalties for Sexual Assault?

Sexual assault charges can result in harsh penalties if convicted. In Colorado, sexual assault is a felony offense punishable by: 

  • 2 years to life in prison 
  • Mandatory sex offender registration
  • Committed to the Community
  • Helping People First
  • Offering Payment Plans

Types of Sexual Assault Offenses

There are various types of sexual assault offenses that defendants can face, including: 

  • Statutory Rape: Statutory rape is a type of sexual assault offense codified in C.R.S. §18-3-402. A person commits statutory rape when they engage in sexual intercourse with a minor who is between 15 and 17 years old and the defendant is at least ten years older than the minor.
  • Sexual Assault on a Child: Under C.R.S. §18-3-405, a person commits sexual assault on a child if they engage in any sexual act with a child under the age of 15 or encourage a child to engage in any sexual act.
  • Attempted Rape: A person can face criminal charges for attempted rape when they attempt to engage in sexual intercourse with another person without their consent.
  • Aggravated Sexual Assault: This type of sexual assault is a more serious offense that involves the use of force, threat of use of force, or violence to commit sexual assault (“aggravating factors”). Aggravated sexual assault offenses can involve a range of aggravating factors, such as the use of deadly weapons or inflicting serious bodily injury on the victim. Defendants charged with aggravated sexual assault will face enhanced criminal penalties in court. 

Being convicted of a sex crime can have severe consequences that can impact every aspect of your life, including your relationships, employment opportunities, and future. Consulting with an experienced defense attorney is crucial to avoid the harsh and lasting consequences of a criminal conviction.

Defending Against Sexual Assault in Colorado

There are numerous ways to defend against sexual assault charges. Common defense strategies include: 

  • Consent: One of the more common defenses against sexual assault charges is that the alleged victim consented to the sexual act. Consent must be voluntary, knowing, and given without coercion. This defense may involve providing evidence that suggests the accuser agreed to the sexual act at the time it occurred.
  • False accusation: This defense strategy involves proving that the accuser is lying about the sexual assault. This could involve presenting evidence that contradicts the accuser’s story or highlighting inconsistencies in the accuser's statements.
  • Alibi: This defense involves proving that the defendant could not have committed the alleged sexual assault because they were somewhere else at the time of the alleged incident. Evidence to support an alibi defense could include video footage, eyewitness testimony, or other proof of the defendant's whereabouts.
  • Mistaken identity: The mistaken identity defense involves showing that the accused is not the actual perpetrator of the sexual assault. This could involve presenting evidence that suggests someone else committed the crime or that the accuser incorrectly identified the defendant as the perpetrator.
  • Insufficient evidence: This defense involves arguing that there is not enough evidence to prove beyond a reasonable doubt that the defendant committed the sexual assault. This might involve questioning the reliability of the evidence provided by the prosecution or suggesting that key pieces of evidence are missing.
Practicing Law In Colorado Springs FOR OVER 20 YEARS

Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.

Colorado Springs Sexual Assault Defense Lawyers 

Defending Your Rights Against Sexual Assault Charges

A sexual assault conviction can result in disastrous lifelong consequences for defendants, including jail time, reputational damage, and loss of employment opportunities. That's why it's crucial to have a skilled defense team on your side to protect your freedom. At The Gasper Law Group, we understand how scary it can be to be charged with a sex crime, which is why our sexual assault defense lawyers are committed to defending the rights of the accused in Colorado Springs and beyond. 

Sexual assault charges are taken very seriously and can lead to serious penalties if convicted, which is why consulting with a sexual assault defense lawyer is essential to protecting your rights in criminal court. We can collaborate closely with you to examine the unique factors in your cause and determine an effective defense strategy to employ on your behalf. With nearly twenty years of experience defending the rights of the accused, turn to our firm for the passionate and experienced representation you need to clear your name and protect your hard-earned reputation. 

A sexual assault conviction can lead to life-changing penalties. Contact us online to discuss your case with a seasoned defense attorney in Colorado Springs.

Contact an Aggressive Sexual Assault Defense Attorney

From sexual assault to child pornography to failure to register as a sex offender, sex offenses can result in life-altering consequences if convicted. That’s why our fierce criminal defense lawyers at The Gasper Law Group are here to aggressively defend your rights. From fortifying your defense with credible evidence to negotiating the terms of your sentence, our seasoned attorneys are well-equipped to prioritize your case with urgency and clarity. With decades of legal experience and extensive knowledge of criminal law, you can trust our passionate team to defend your rights from start to finish while working tirelessly to restore your freedom.

If you were charged with sexual assault, securing a strong defense is imperative to safeguard your freedom. Call (719) 212-2448 to schedule a free consultation.

Continue Reading Read Less
Representing Individuals in Colorado Springs & Surrounding Areas LONG & SUCCESSFUL HISTORY
If you are in need of a lawyer to represent you against criminal charges, please contact us for a FREE CONSULTATION. We are available 7 Days a Week/ 24 Hours a Day.
    "I highly recommend you use them to make your life easier. I couldn’t ask for a better team!"
    I used the Gasper Law Group when I was going through my divorce and child custody case. I got the outcome I wanted, Carrie Kelly and Kimberly Lucas made my life 10x easier considering i didn’t know what I was doing. They were patient, and caring and even made me laugh a few times. I highly recommend you use them to make your life easier. I couldn’t ask for a better team! I’m now happily divorced and got my kiddo 50/50! You guys rock and if anything comes up in the future, I’ll be sure to use you guys! Thanks so much gasper law group for the fast and professional services!
    - Micheala E.
    "Excellent care and representation"
    The Gasper Law Group took great care of me throughout my legal situation and constantly kept me in the loop. Couldn't ask for better representation!
    - Ryan L.
    "If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service."
    Gasper Law Group is great to work with. I recently did Estate Planning and they were awesome. Explained everything thoroughly. Emily, Jack, Therese , Holly, and Emily are all very professional. If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service.
    - Ruby D.
    "Attentive and supportive"
    The Gasper Law Group was fantastic. They treated me well and were very open about my situation. The team was attentive and made sure I fully understood everything, supporting me all the way. I would recommend them to anyone for any situation.
    - Jason E.
    "Don’t have much hope? Leave it to Caryn she will change that."
    I dug myself a deep hole and didn’t have much hope or luck with the attorney I used before. I called Gasper law group and Caryn Adams was my attorney that took charge of everything. I couldn’t have asked for anything better the outcome she made possible is everything I wanted. She is great at her job and takes cases seriously … don’t have much hope leave it to Caryn she will change that. Thanks Gasper law group you’re the best!
    - Mike L.
    "I was absolutely floored with the knowledge and expertise that not only Caryn carries, but the firm as a whole."
    I, unfortunately, was involved with two separate situations within a few years of each other, which left me in quite a bind both times. I was lucky enough to have Caryn assist me in both cases and was absolutely floored with the knowledge and expertise that not only she carries, but the firm as a whole. One of the best, if not the best lawyers I've ever come across. Extremely nice and very honest. I was able to resolve my situations with minimal impact and continue my life without fear of being held back.
    - Former Client
    "I highly recommend that you not waste your time hiring other attorneys and hire the Gasper Law Group."
    After an absolutely crazy incident that could not have been seen almost anywhere besides a movie. I received some serious charges and was in search of an attorney. They would not only represent me but need to do the right thing because it's the right thing...
    - Lance F.
    "The professionalism, guidance, and candor I’ve received from each person in this law firm has been beyond reproach."

    I’m not one to have an extensive experience with law firms or lawyers and court in general. However, the professionalism, guidance, and candor I’ve received from each person in this law firm have been beyond reproach. Anytime, I mean, anytime, I’ve had a question about my case and the way forward, I was met with a friendly and constructive conversation about my case. There was never a doubt in my mind, that I made the right choice when I selected this law firm to represent me. Caryn and Stacie have been a wonderful blessing to my life and my legal proceedings. If you are looking for a no-BS law firm that has a significant reputation in the Springs area, I absolutely recommend this one. Even though I hope to not have to deal with this again, fingers crossed and every lucky charm, I’d trust this law firm with my representation to handle the hard stuff and give me ease with court proceedings. Thank you all for what you do and have done for me, my family, and my career. Bless you all.

    - Steve S.

Your Dedicated Legal Representation

SERVING COLORADO SPRINGS FOR OVER 20 YEARS
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your address.
  • Please enter your City.
  • Please enter your Zip Code.
  • Please make a selection.
  • Please enter a message.
  • Please make a selection.
  • Please make a selection.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy