Are you being accused of sexual assault in Denver or anywhere in Arapahoe County? If so, it’s important that you understand the seriousness of these accusations. Under Section 18-3-402 of the Colorado Revised Statutes, a person commits the offense of sexual assault if he or she “knowingly inflicts sexual intrusion or sexual penetration on a victim” and:
- The actor caused the victim to submit against their will; or
- The actor knew the victim was unable to understand the actor’s conduct; or
- The actor is aware that the victim submitted erroneously, believing the actor was in fact the victim’s husband or wife; or
- The victim was under the age of 15 and the actor was four or more years older than the victim; or
- The victim was 15 or 16 and the actor was 10 or more years older than the victim; or
- At the time of the assault, the victim was being detained in a hospital, institution, or in custody of law enforcement; or
- The victim was physically unable to consent; for example, the victim was asleep, drugged, or passed out.
Under Colorado law, sexual assault can be prosecuted as a Class 2 felony, Class 3 felony, Class 4 felony, or Class 1 misdemeanor depending on the facts of the case. For example, sexual assault is a Class 2 felony if the victim is seriously injured or if the actor was physical assisted with the help of one or more people.
Sexual assault is a Class 3 felony if the actor applied physical violence or force against the victim in order to get them to submit. To illustrate: If a man were to slap or punch a female victim in order to get her to submit, it would be considered a Class 3 felony.
To learn more about the classifications for sexual assault in Colorado, click here. For information regarding the penalties for sexual assault and to fight your charges, contact my firm to schedule a free consultation.