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Sexual Assault / Rape

Sexual assault or rape is a serious charge in the state of Colorado. A sexual assault charge can result in a felony, meaning you could spend time in prison. Not only this, but the social connotations surrounding a sexual assault charge are especially damning. Many people are fired, lose their scholarships or lose their professional license for having a sex crime conviction on their criminal record.

If you or someone you know has been charged with sexual assault, it’s imperative you seek an experienced criminal defense attorney. An attorney can assess the situation and help you make the next best step forward. They can formulate a defense to fight your charges and the evidence of the sexual assault in court.

Sexual Assault Attorney in Colorado Springs, CO

Rape allegations have the potential to uproot your whole life. The penalties associated with sexual assault are also severe and can land you behind bars. To avoid this, it’s recommended you get in contact with an experienced criminal defense attorney.

Find the right attorney by calling the attorneys at Law Offices of Clifton Black, P.C.. We have years of experience defending sex crimes such as sexual assault. Call (719) 328-1616 now to set up a consultation with one of our attorneys. We practice throughout the greater Colorado Springs area including Black Forest, Peyton, Manitou Springs and Fountain.

Overview of Sexual Assault in Colorado


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What Constitutes as Sexual Assault in Colorado?

Sexual assault in Colorado is defined under Title 18 Section 3 of the Colorado Revised Statutes (C.R.S). The law states anyone who inflicts sexual intrusion or sexual penetration on a victim is guilty of sexual assault if:

  • It’s against the victim’s will;
  • The victim is incapable of understanding what they’re doing or what is happening;
  • The victim submits because they erroneously believe you’re their spouse;
  • You’re someone with supervisory or disciplinary authority and the victim submits because they are in the custody of law enforcement, detained at a hospital or other institution;
  • The crime was committed under the guise of a medical service or examination; or
  • The victim is physically helpless and is unable to consent

The term “sexual penetration” is defined under 18-3-401 C.R.S. as sexual intercourse, fellatio, anal intercourse, cunnilingus and analingus. Any penetration is sufficient enough to complete the crime. “Sexual intrusion” is defined as any intrusion of an object or person’s body part into another person’s body in a sexual manner.


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Sexual Assault Penalties in Colorado

The penalties associated with sexual assault are particularly harsh. With the exception of statutory rape, all sexual assault crimes are charged as a felony. This means you could potentially go to prison and have to pay costly court fines.

Sexual Assault Without Force

If no force was used and the victim wasn’t injured, then the crime is charged as a class 4 felony. The maximum penalty for a class 4 felony is:

  • Up to 6 years in prison; and
  • A fine of up to $500,000

Sexual Assault with Force or Use of Drugs

The offense is enhanced to a class 3 felony if the victim endured any of the following:

  • Threats or use of physical force or violence;
  • Drugged without their consent;
  • Threats of imminent death, extreme pain, kidnapping or serious bodily injury; or
  • Threats of future retaliation against the victim or anyone else

A class 3 felony is punishable by:

  • Up to 12 years in prison; and
  • A fine of up to $750,000

Violent Sexual Assault Crimes

The crime can be elevated further to a class 2 felony if any of the following factors were present during the offense:

  • You were physically aided or abetted by one or more people;
  • During the commission of the crime you were armed with a deadly weapon; or
  • The alleged victim suffered serious bodily injury

The term “serious bodily injury” refers to a bodily injury which involves a substantial risk of death, second-degree or third-degree burns, serious permanent disfigurement or protracted loss or impairment of a body part or organ.

The penalties for a class 2 felony include:

  • Up to 24 years in prison; and
  • A fine of up to $1,000,000

Using a deadly weapon during the sexual assault will classify the event as a crime of violence. Since violent crimes are subject to enhanced penalties in Colorado, the maximum punishment for a violent sexual assault is:

  • Up to life in prison; and
  • A fine of up to $1,000,000

Statutory Rape Penalties

The only time sexual assault is not charged as a felony is when it’s statutory rape. The legal age of consent in Colorado is seventeen. Sexual penetration or intrusion of a person under the age of seventeen is considered to be statutory rape, even if it’s completely consensual.

Statutory rape is a class 1 misdemeanor, which is punishable by:

  • Up to 2 years in jail; and
  • A fine of up to $5,000

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Required Sex Offender Registration for Sexual Assault

Colorado requires all offenders convicted of sexual assault to enter their name into the Colorado Bureau of Investigation’s (CBI) sex offender registry. The registry alerts others when you move into a new community of your sex offender status. It can also affect your ability to get a job, scholarships or to obtain a professional license.

If you’re added to the sex offender registry, the following information will be included:

  • Name;
  • Address;
  • Date of birth;
  • Your crime and date of conviction;
  • Any predatory habits listed by the CBI; and
  • Whether you’re considered a “sexually violent predator”

You could be defined as a sexually violent predator if:

  • You were 18 or older during the offense and were tried as an adult; and
  • The victim was a stranger and you established a relationship purposefully to sexually victimize them; and
  • The CBI assessed you and said you were likely to commit another sex crime; OR
  • If you carry a similar classification from another state and move to Colorado

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Additional Resources

RAINN | Anti-Sexual Violence Organization – Visit the official website for the Rape, Abuse and Incest National Network (RAINN), currently the largest anti-sexual violence non-profit in the nation. Access their site to learn more about sexual assault and resources for victims.

Sexual Assault Laws in Colorado – Visit the official website of the Colorado state laws and legislation to access their revised statutes. Find more information about sexual assault, the penalties, sexual assault by a therapist and other sex crimes.


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Rape & Sexual Assault Lawyer in El Paso County, CO

If you or someone you know has been charged with sexual assault in Colorado, it’s imperative you seek an experienced criminal defense attorney. Rape is a serious crime with an incredibly negative social stigma. That is why it’s recommended you have legal counsel.

Call the attorneys at Law Offices of Clifton Black, P.C. to learn more about their criminal defense practice. Our defense lawyers have represented numerous people accused of sex crimes in Colorado courts. Start your defense plan by calling (719) 328-1616. Law Offices of Clifton Black, P.C. accepts clients throughout El Paso County and adjacent counties including Denver County and Arapahoe County


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Law Offices of Clifton Black, P.C.