Attempt To Commit Sexual Assault
According to CRS 18-3-402(1), sexual assault occurs when a victim is intentionally subjected to sexual intrusion or sexual penetration, and the perpetrator “causes the victim’s submission by means of sufficient consequence reasonably calculated to cause submission against the victim’s will.” This includes penetration with a foreign object, forced copulation, anal rape, and rape. Unwanted sexual touching is referred to as sexual contact (sexual battery). It involves touching and groping genitalia.
When someone intends to commit a crime, makes some attempts, but ultimately is unsuccessful, that person has committed an attempt. Therefore, the accused must exhibit an overt act and the mental state of the intent to commit the crime.
Colorado Attempt to Commit Sexual Assault Lawyers
If you have been charged with an attempt to commit sexual assault, we understand the stress you are experiencing, and how frightened you may be. Your future, freedom, career, and possibly family relationships are at risk. However, not all is lost. As experienced sex crime attorneys in Colorado, we know what it takes to secure favorable outcomes for our clients.
Call (719) 328-1616 today to secure a consultation with our lawyers. Law Offices of Clifton Black, PC has offices in Denver and Colorado Springs, CO.
Information Center
- Attempt to Commit Sexual Assault in CO
- Examples Under Model Penal Code
- Criminal Attempt Crime Classification
- Punishments For Attempt to Commit Sexual Assault
- Additional Resources
Attempt to Commit Sexual Assault in CO
To be charged with an attempt to commit sexual assault, the defendant must take a substantial step towards committing the act under 18-2-101 CRS. The Colorado substantial steps test has two parts:
(1) The offender must make significant progress toward committing the crime. “[A] person is guilty of an attempt to commit a crime if he does anything that is an act or omission that constitutes a substantial step in a course of conduct intended to end in his commission of the crime,” according to the law.
(2) The defendant’s actions must “strongly corroborate the actor’s criminal purpose,” according to Model Penal Code § 5.01(2).
Examples Under Model Penal Code
Colorado law punishes actions, not thoughts. Some examples listed under Model Penal Code are:
- Lying in wait
- Luring a victim to the crime scene
- Looking into a potential crime scene
- Breaking and entering illegally into a building or vehicle where the crime is to be committed
- Possessing items created specifically for illegal use
- Gathering or creating items to be used in the commission of the crime
- Enlisting the help of a third party to commit the crime
Criminal Attempt Crime Classification
The word “attempt” can be added to any crime in Colorado. Depending on the seriousness of the crime that was attempted to be committed—a felony or a misdemeanor—the punishment for a criminal attempt varies. The base class of a crime in Colorado is reduced by one for a criminal attempt. A class 4 felony would be charged as a class 5 in an attempt case. In sexual assault cases, age, force, and patterns of abuse can raise the felony class.
Punishments For Attempt to Commit Sexual Assault
The typical presumptive sentence for an attempt to commit a sexual assault crime is 2 to 6 years in prison. For a violent crime, the prison sentence is typically 5 to 15 years. One may also be subject to lifetime supervision and must register on the sexual offender’s registry. In addition, one can lose parental rights to children.
Possible Defenses
Allegations of sexual assault are almost always based on the accuser’s word. Therefore, it is crucial to consider the alleged victim’s intentions, justifications, motives, and personal history. Some information most crucial to a defense against sex crimes in an investigation includes the details of the accused’s relationship with the accuser.
Other common defenses are:
- Delays in the prosecution of the case
- Diminished capacity
- Insanity
- Voluntary intoxication and involuntary intoxication
Additional Resources
Colorado Revised Statutes: Sexual Assault – Access the Colorado Revised Statutes to view section 18-3-402 which constitutes sexual assault. You can view the penalties for the offense.
RAINN | Anti-Sexual Violence Organization – Follow the link provided to visit the official website for the Rape, Abuse, and Incest National Network (RAINN). It is the largest anti-sexual violence non-profit in the nation.
Colorado Springs Attempt to Commit Sexual Assault Attorneys | El Paso County, CO
If you or someone you know has been accused of attempting to commit sexual assault, then it’s imperative you secure legal representation immediately. Find aggressive and effective legal counsel by getting in contact with the legal team at Law Offices of Clifton Black, PC. Our Colorado Springs criminal defense attorneys can assess your case and determine the best possible defense to reduce or dismiss your charges.
The Law Offices of Clifton Black, PC accepts sex crime cases in El Paso County, CO including Colorado Springs, Calhan, Fountain, Rush, Peyton, and Elbert. To schedule your first consultation with Law Offices of Clifton Black, PC, call (719) 328-1616 today.