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Sexual Assault – C.R.S. 18-3-402

Contact a Sexual Assault lawyer if you've been charged with Sexual Assault in Colorado.

There is a lot at stake in Sexual Assault cases in Denver, Arapahoe, and Jefferson County. As skilled criminal defense lawyers with 40 years of combined courtroom experience, we understand the importance of a strong, well-planned defense in sex offense cases. Most Sexual Assault charges are subject to indeterminate sentencing, mandatory lifetime prison, sex offender registration, or mandatory lifetime probation. Because of this, you need to work with a defense attorney who is passionate about fighting for your rights if you have been accused of rape.

What is Sexual Assault in Colorado?

Sexual Assault – C.R.S. 18-3-402, is charged whenever a person has sex with another person against their will (whether through manipulation or force), or when the alleged victim is incapable of understanding what is happening (such as when their judgment is impaired by alcohol). The statute regarding Sexual Assault can be defined in many different ways. Unfortunately, there doesn’t have to be much evidence for a conviction. In today’s “casual hookup” society, people often make accusations after having a mutual sexual relationship. This is especially common after one-night stands, or when the two people were severely impaired by alcohol.

The Consequences of a Sexual Assault Conviction

Colorado is strict when it comes to sex offenses. In fact, when it comes to sex crimes, the government treats the accused as if they are guilty from day one. The presumption of guilt is apparent when orders are put into effect even before a case has gone to trial. Often, defendants in sexual cases are required to move out of their home, lose their job, have no contact with children (even their own), and pay the expense of a GPS monitoring device.

Move Out of their Home

Lose their Job

No Contact with Children

Pay for a GPS Device

We work hard to limit these pre-conviction restrictions on our clients. We believe such treatment is unjust and violates state and federal Constitutional rights. There should be no presumption of guilt in criminal cases in Adams, El Paso, and Douglas County. But, our government refuses to assume a person is innocent until proven guilty when it comes to sex crimes.

Motives for False Accusations of Sexual Assault

Despite popular belief, many people are falsely accused of Sexual Assault. Whether it is a girlfriend, family friend, or young child, there are many motives for making false accusations in Pueblo, Larimer, and Gilpin County. When adults make accusations, it is usually out of a desire for revenge, out of guilt, or simply as a way to gain power and control over the accused. When children make Despite popular belief, many people are falsely accused of Sexual Assault.false accusations, it is usually in an effort to get attention or revenge. Often, children are abused by another person, but falsely accuse another to protect their real abuser. Whatever the case, if you have been falsely accused of Sexual Assault, you need the knowledge and expertise of a full-time criminal defense lawyer. An aggressive attorney is necessary when it comes to false allegations of Sexual Assault. This is necessary because the prosecution, judge, jury, and police are more likely to believe an alleged victim. If you’ve been falsely accused, contact an affordable attorney at our office immediately, so we can begin working on your case before the police talk to potential witnesses and gather information against you.

Sexual Assault and Domestic Violence: A Close Connection

Often, Sexual Assault allegations come into play in Domestic Violence situations. Accusations of sexual violence are often made during divorce proceedings to gain an advantage in child custody or False accusations during divorce proceedings are common, but DAs don’t take this into consideration.property division. When an accusation is made, the judge requires the accused (usually the man) to move out of the shared home quickly. Often, he won’t be allowed to take anything with him. This allows the woman to hold all the power during the proceedings. While her husband is in jail, she can clean out the bank accounts and gain a stronger advantage in other aspects of the divorce case: Child custody rights and asset division. Unfortunately, false accusations during divorce proceedings are common, but District Attorneys, police, and Victim’s Advocates don’t take this into consideration. Instead, they blindly fight to protect the alleged victim.

Plea Bargaining is Limited for Sexual Assault Cases

Unlike most crimes, plea bargaining is not an option in most Sexual Assault cases. This is because the sentencing laws are extremely harsh, even for lesser crimes. The Colorado legislature has passed many sentencing requirements that are in line with the draconian rules of the Sex Offender Management Board (SOMB). Some of the harsh requirements include restrictions on where you can live and with whom, restrictions on your sexual activity, restrictions on where you can work, and where you can go, and no contact with children (even your own).

No contact with children (even your own)
Restrictions on where/with whom you can live

Restrictions on
your sexual activity

Restrictions on
where you can go

Restrictions on
where you work

Other harsh sentencing requirements include mandatory prison time, as well as mandatory sex offender treatment, submission to polygraphs, and the constant supervision of a probation officer under Sex Offender Intensive Supervised Probation (SOISP). When it comes to cases involving sex offenses, defendants are treated as if they are guilty before the case has even gone to trial.

It’s important to have a lawyer advocate

on your behalf in Sexual Assault cases.

How We Can Help as Criminal Defense Attorneys

Here at the O’Malley Law Office, we are passionate about fighting for the rights of the falsely accused, overcharged, and good people who may have made a mistake. Because of this, we fight to get the best possible outcome in your case, whether by trial or plea agreement, we utilize our own investigators and expert witnesses and will act immediately in your defense by examining the credibility of the alleged victim. We will talk to favorable witnesses and gather evidence to get you a favorable resolution.

Charged with Sexual Assault? Never Speak with Police

We can best defend our clients when they haven’t talked to the police about their case. Speaking with the police will only hurt your chances at a favorable outcome. Never assume the police are seeking the truth. Protect yourself and your family by remaining silent. Instead of providing your statement to the police, investigators, or talking about the case with the alleged victim, contact one of our hardworking criminal defense lawyers who will aggressively fight to protect your future.

Get Help Now

If you or a loved one has been arrested for or charged with Sexual Assault, or have been contacted by the police regarding a rape case, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.
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Colorado Sexual Assault Statute – 18-3-402

“Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
(d) 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 and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.”