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719-328-1616

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Colorado Springs Sex Crime Lawyers

Sex crime allegations carry deep-rooted stigmas and potentially life-altering consequences. Colorado takes a stern approach toward these offenses. An accusation, whether it be for rape, child molestation, possession of child pornography, or any other sex-related offense, can drastically shift the course of your life. It is vital, therefore, to have an unyielding defense.

At Black, Blink, & Associates LLC, our sex crime defense attorneys provide steadfast defense strategies for individuals accused of these grave crimes. Our accomplished team of Colorado Springs sex crimes and sexual assault attorneys is unwavering in their dedication to championing your rights, ensuring that both the law and the evidence are justly assessed.

Overview Of Sex Crimes In Colorado

The Severity Of The Sex Offender Registry

Facing charges for a sex crime is serious. Even without a conviction, accusations can lead to social consequences and impact your future. You may face stigma, job loss and strained relationships. A conviction makes things even worse. You could be required to register as a sex offender for life. This means your information would be listed on the national sex offender registry, affecting your ability to find housing and employment. At Black, Blink, & Associates LLC, we are committed to defending your rights and helping you navigate this difficult situation.

When Is Sexual Harassment A Sex Crime?

Sexual harassment itself is not a crime, but it can become criminal under certain conditions. Sexual harassment involves requests for sexual favors or unwelcome advances. Sexual harassment can also include other verbal conduct of a sexual nature. However, these acts in and of themselves don’t necessarily rise to the level of criminal activity.

Harassment that rises to the level of criminal activity must include:

  • Threats
  • Force
  • Assault

For instance, if harassment involves unwanted touching or physical intimidation, it may be considered a sex crime. Our sexual misconduct attorneys can help you understand the nuances between harassment and criminal behavior. If you are facing criminal accusations of sexual misconduct, our legal team is committed to protecting your rights and working on your behalf to advocate for your defense.

What Is “Indeterminate Sentencing” As It Relates To Sex Crimes

Colorado employs a unique sentencing structure known as “indeterminate sentencing” for many sex offenses. Unlike standard sentencing, where convicted defendants receive a fixed prison term, indeterminate sentencing establishes only a minimum prison term with no definite release date. This approach means individuals convicted of qualifying sex crimes may remain incarcerated indefinitely until authorities determine they no longer present a risk to public safety.

The Colorado Sex Offender Lifetime Supervision Act requires indeterminate sentences for various sexual offenses, including sexual assault, unlawful sexual contact and sexual assault on a child. Under this system, the court imposes a minimum sentence according to the felony class of the conviction but sets the maximum as the natural life of the defendant.

For example, a Class 4 felony sexual assault might carry a minimum sentence of 2-6 years, but with no maximum term limit. Release depends entirely on the Colorado Parole Board’s assessment that the individual has been rehabilitated and presents minimal risk of reoffending. This evaluation involves comprehensive psychological assessments, completion of treatment programs and demonstration of behavioral change.

The indeterminate sentencing system presents significant challenges for defendants. Many individuals serve far longer terms than they might under traditional sentencing structures.

What Are The Statute Of Limitations For Sex Crimes In Colorado?

Colorado has established specific timeframes during which prosecutors must file charges for sex crimes. These statutes of limitations vary based on the nature of the offense and the age of the victim at the time of the incident.

For sex crimes against children under 18 years old, Colorado has eliminated the statute of limitations for many serious offenses. Charges for sexual assault on a child, incest and other severe sexual offenses against minors can be brought at any time, regardless of how many years have passed since the alleged crime occurred.

For adult victims, the statute of limitations depends on the specific offense:

  • Sexual assault in the first degree (Class 3 felony): 20 years
  • Sexual assault in the second degree (Class 4 felony): 10 years
  • Unlawful sexual contact (Class 1 misdemeanor): 5 years
  • Sexual exploitation: 10 years

However, Colorado law provides important exceptions that can extend these periods. If DNA evidence is collected and later identifies a suspect, charges can be filed within 10 years of the identification. Additionally, the statute of limitations may be “tolled” (paused) if the accused leaves the state of Colorado.

Criminal Defense For A Wide Range Of Colorado Sex Crimes

With decades of combined experience, and an acute awareness of how accusations of sex crimes impact your life, our criminal defense lawyers are thorough with their investigation and defense of any sex crimes. Our sex crimes defense attorneys represent clients accused of any type of sexual misconduct criminal charge.

Colorado’s Rape Laws

In Colorado, the legal definitions of sex crimes are specific. § CRS 18-3-402 of the Colorado Revised Statutes defines sexual assault (rape) as any act of forced or nonconsensual sexual penetration. If one party is intoxicated or unconscious, the act is automatically deemed nonconsensual.

Examples of rape under Colorado law include:

  • Forcing a passerby into a sexual act.
  • Nonconsensual acts at a party with an intoxicated person.
  • Taking advantage of an unconscious hotel guest.

Rape is a felony in Colorado. Convictions can result in 2 years to life in prison. Convicts must also register as a lifetime sex offender.

Sexual Assault Crimes In Colorado

Defined by § CRS 18-3-402, sexual assault includes nonconsensual sexual penetration. It’s classified as assault when:

  • There’s no victim consent.
  • The victim cannot consent.
  • The Assailant is mistaken for the spouse.
  • Misuse of authority or fake medical services.
  • Physical incapacity of the victim.

Penalties for a conviction for sexual assault can include:

  • Class 4 Felony: Up to 8 years, fines up to $500,000.
  • Class 3 Felony: Up to 16 years, fines up to $750,000.
  • Class 2 Felony: Up to 24 years, fines up to $1,000,000.
  • Violent Assault: 16 years to life, fines up to $1,000,000.

In addition, a conviction for sexual assault can require mandatory registration on the Colorado Sex Offender Registry. Registration as a sex offender can affect your future job and housing opportunities.

Statutory Rape In Colorado

In the state of Colorado, statutory rape involves having sexual relations with someone aged 15 or 16 if you’re over four years older. Statutory rape in Colorado is charged as a Class 1 Misdemeanor. Penalties for a conviction can include up to 2 years in jail and fines of up to $5,000.

Sex Crimes Against Children

In Colorado, a conviction for a sexual assault on a victim under the age of 15 by someone four years older can be charged as a Class 4 Felony or a Class 3 Felony. A conviction for a class 4 felony charge of sexual assault on a child can result in up to 8 years in jail and fines of up to $500,000. A conviction for a class 3 felony charge of sexual assault on a child can result in up to 12 years in jail and fines of up to $750,000.

Sexually Violent Predators In Colorado

A Sexually Violent Predator (SVP) is defined by Title 18 Article 3 Part 4. If the accused is convicted of certain severe offenses after July 1, 1999, they can be labeled as an SVP, which is considered the most dangerous of sexual offenders. Criminal convictions that can lead to an SVP designation include:

  • Sexual assault
  • Unlawful sexual contact
  • Sexual assault on a child

In addition, the convicted offender targeted a stranger or exploited an established relationship. An offender designated as an SVP must register as a sex offender in the state of Colorado for the rest of their life.

Misdemeanor Vs. Felony Sex Crimes

Misdemeanor sex crimes are mainly Class 1 misdemeanors (M1), the gravest misdemeanor type, leading to up to two years in county jail, a fine of up to $5,000, and potential lifetime sex offender registration. Felony sex crimes range from Class 6 to Class 2 felonies with severe, lifelong consequences, requiring expert legal defense.

Serious Defense For Serious Sex Crimes

Facing sex crime allegations can be scary. Beyond legal counsel, you need understanding, support and a staunch ally. At Black, Blink, & Associates LLC, our defense attorneys blend legal proficiency with genuine compassion. They recognize and acknowledge the emotional toll these allegations can take. Our goal is to make sure our clients feel supported throughout their criminal proceedings.

Consult A Colorado Springs Sex Crimes Defense Lawyer

Our legal team wants you to know that when you hire our firm, you’re not just defended, you’re valued. We are dedicated to understanding every aspect of your situation and crafting a solid defense to protect your rights and reputation. To schedule a confidential consultation, send us a message through our website. You can also call our office at 719-328-1616.