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Sexual Assault & Rape Defense Attorney in Colorado Springs

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 that 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 that you get in contact with an experienced criminal defense attorney.

Find the right attorney by calling the attorneys at Black, Blink, & Associates LLC. We have years of experience defending sex crimes such as sexual assault. Call 719-694-0578 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.

What Constitutes Sexual Assault in Colorado?

Sexual assault in Colorado is defined under Colorado Revised Statutes (C.R.S) 18-3-402. The law states that 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 anilingus. Any penetration is sufficient enough to complete the crime. “Sexual intrusion” is defined as any intrusion of an object or a person’s body part into another person’s body in a sexual manner.

Sexual Assault Penalties in Colorado

The penalties associated with sexual assault are particularly harsh. All sexual assault crimes are charged as a felony. This means you could potentially go to prison and have to pay costly court fines. Further, any sexual assault charged as a Class 4 Felony or higher can result in an indeterminate prison sentence.

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 penalty range for a class 4 felony is:

2 to 6 years to life 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:

4 to 12 years to life in prison up to life; 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 and uses that deadly weapon to cause submission of the victim; 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:

8 to 24 to life years in prison up to life; 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 and mandatory prison time 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 legal age of consent in Colorado is seventeen. Sexual penetration or intrusion of a person under the age of seventeen, but over the age of 15, while the actor is at least 10 years older than the victim, is considered to be statutory rape, even if it’s completely consensual.

Statutory rape is a class 6 felony, which is punishable by:

Up to 18 months of prison; and
A fine of up to $100,000
Alternatively, statutory rape is a class 4 felony if at the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim. Penalties for a class 4 felony are:
2 to 6 years of prison, up to life
A fine of up to $500,000

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 about your sex offender status. It can also affect your ability to get a job, scholarships, or 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

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.

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 Black, Blink, & Associates LLC 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 719-694-0578. Black, Blink, & Associates LLC accepts clients throughout El Paso County and adjacent counties including Denver County and Arapahoe County