Denver Sexual Assault Lawyer | Regret Does Not Equal Rape in Arapahoe County

While sometimes it is easy to feel that big brother is always watching in Denver, Brighton, and Aurora, one man is definitely glad that surveillance video caught his interactions with a woman. It kept him from being convicted of rape. According to the news, a woman had reported being sexually assaulted after having sex with a man she met at a club. The woman claimed she was too drunk to consent. However, surveillance videos told a different story. One video shows the couple when she kept putting her arms around him and kissing him. She even makes sexual gestures to her friend – making her intentions pretty clear. The second video show her signing the man into her dorm. She claimed she didn’t remember anything from that night. The case was dismissed because the judge felt that there was consent, as she seemed to be the initiator. The DA’s office has verified that they will not refile charges. This is a common thing we see in Denver and Arapahoe County – someone has regret about their actions the night before, so they claim there was no consent.

Facing Sexual Assault charges?

Douglas County Regret and Sexual Assault Attorney: What is the Definition of Sexual Assault in Jefferson County?

The Douglas and Jefferson County, Colorado definition of Sexual Assault – C.R.S. 18-3-402(1)(b) – as it pertains to the case above is:

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

(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct;”

Basically, if the victim is too drunk to understand what is really going on, then having sex with that person can be considered rape or Sexual Assault. This is what the woman above claimed, but as shown through her actions in the video, she was the aggressor and the one who was instigating the sexual contact. You can’t tell someone you want to have sex with them, bring them back to your house, and then claim you were too drunk to consent. This man’s defense lawyers saved his life by getting the security camera tapes. The problem with cases like the one above is that often there isn’t any video evidence showing that the victim is consenting or instigating, or officers fail to gather important evidence. It then becomes a he said / she said situation

Get Help Now

If you or a loved one has been charged with Sexual Assault, be smart, exercise your right to remain silent and contact the affordable criminal defense attorneys from the O’Malley Law Office at 303-830-0880 today. Together, we can protect your future.
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