Colorado Sex Crimes Attorney

A sex crime charge is one of the most devastating accusations you can face. The legal system is unforgiving, and a conviction in Colorado can lead to harsh penalties. At Robinson & Henry, our sex crimes attorneys, many of whom are former prosecutors, offer more than just representation—they provide an invaluable strategic advantage. Our insight into the prosecution's mindset allows us to build a powerful defense. We are committed to tirelessly protecting your rights, reputation, and future.

Our firm’s criminal defense attorneys do not shy away from difficult sex crimes cases. We’ve helped many individuals fight these serious charges and obtain positive results. Take the following case, for example:

A sex crime charge, particularly one involving a child, is an attack on everything a person is—their character, integrity, and freedom. One of our firm’s recent cases highlights the life-altering stakes of a felony sex crime accusation. My team obtained a not guilty verdict for a client facing five counts of sexual assault on a child. The charges were exceptionally serious, alleging a pattern of abuse by our client, a grandparent of the alleged victim. Given the client's advanced age, a conviction would have meant life in prison.

A Multi-Faceted Defense Brought ‘Not Guilty’ Verdict

Our defense strategy was built on a meticulous review of thousands of pages of forensic evidence, which uncovered inconsistencies. We leveraged the law to exclude prejudicial evidence, and we prevailed in our efforts to introduce evidence that the alleged victim had made similar allegations against other family members, questioning their credibility. Our team also worked with a private investigator to interview witnesses, which provided crucial insights that strengthened our defense strategy.

After a three-and-a-half-day trial, the jury deliberated for less than two hours before returning a "not guilty" verdict on all counts. The acquittal allowed our client to return home to his wife and find peace in their golden years.

Sexual Assault

Definition

Sexual assault is defined as knowingly committing sexual intrusion or penetration on a victim. Examples include coercing someone to submit against their will or engaging in a sexual act with an intoxicated individual. 

Charges and Penalties

Sexual assault charges in Colorado range in severity from class 2 felonies to class 1 misdemeanors. 

A conviction for a class 2 felony results in an indeterminate sentence, which means you could potentially face a life sentence. This sentence also requires you to serve at least the midpoint of your presumptive sentence before you are even eligible for parole. C.R.S. § 18-1.3-401(8)(e)

Depending on the specifics of your case, the overall penalty could be anywhere from six months in county jail to life in prison.

Sexual Exploitation of a Child

Definition Sexual exploitation of a child involves a broad range of illegal activities. These include causing, inducing, or permitting a child to participate in explicit sexual conduct for the purpose of creating sexually exploitative material. It also encompasses possessing, controlling, or distributing such material.

Charges and Penalties

Although sexual exploitation of a child is generally classified as a class 3 felony, it is considered an extraordinary risk crime, which subjects it to an enhanced sentencing range. For this particular class 3 felony, sentencing can range from four to 16 years in prison. 

Child Enticement

Definition

Child enticement is a crime that involves inviting or persuading a person under the age of 15 to a secluded place with the intent of engaging in a sexual act. Persuading a minor to get into your car, meet at a hotel room, or go to a secluded park are all examples. It's important to understand that you can still be charged even if the child does not understand your intentions. C.R.S. 18-3-305

Charges and Penalties

As a class 4 felony, child enticement carries an indeterminate sentence, ranging from two to six years to life in prison. 

The charge can be elevated to a class 3 felony if the child is physically injured, which is considered a crime of violence. This increases the maximum sentence by four years, resulting in four to 16 years to life. 

Factors like previous convictions can also lead to a class 3 felony charge. Child Pornography

Definition

In Colorado, child pornography falls under the laws for sexual exploitation of a child. Child pornography is defined as knowingly possessing, controlling, producing, or distributing material that is legally classified as "sexually exploitative." This material is any content created for the purpose of sexual gratification that depicts a child engaged in explicit sexual conduct.

Related charges often prosecuted in these cases include:

• Procurement of a Child for Sexual Exploitation

• Sexual Exploitation of a Child

• Solicitation to Commit Sexual Exploitation of a Child

• Internet Sexual Exploitation of a Child

• Internet Luring of a Child

• Promotion of Obscenity to a Minor

• Computer Dissemination of Indecent Material to a Child

Charges and Penalties

In Colorado, charges related to child pornography are complex and vary significantly depending on the specifics of a case. The charges themselves can range from Class 6 to Class 3 felonies, and the specific offense you face is determined by several factors, including the nature of the material, the age of the child involved, and the quantity of the material. 

Statutory Rape

Definition

You've likely heard the term 'statutory rape,' which refers to a person engaging in a sexual act with someone too young to give legal consent. In Colorado, the age of consent is 17.

This offense is legally categorized as sexual assault, and it can be charged as either a class 1 misdemeanor or a class 4 felony. There are, however, specific circumstances under which these charges may not apply, a concept often referred to as the 'Romeo and Juliet' exception. C.R.S. 18-3-411

Charges and Penalties

Statutory rape is charged based on the ages of the individuals involved. The offense is classified as a class 1 misdemeanor if the child is between 15 and 16 years old. C.R.S.A. § 18-3-402(e) The crime becomes a class 4 felony if the child is 14 years or younger and the defendant is at least four years older than the victim. C.R.S.A. § 18-3-402(d)

Aggravating factors can significantly affect the penalties in these cases. Since statutory rape is considered an “extraordinary risk crime,” an additional six months is typically added to the maximum possible sentence. C.R.S.A. § 18-1.3-501

The penalty for a class 1 misdemeanor for sexual assault is between six and 24 months in a county jail and/or a fine between $500 and $5,000.

The sentencing range for a class 4 felony sexual assault conviction is between two and six-and-a-half years in prison. 

In addition to time behind bars, most sex crime convictions require sex offender registration, supervised parole, and mandatory treatment and evaluations. Penalties often involve court costs and fines. 

Challenge the Evidence

Our sex crimes defense attorneys will thoroughly investigate how law enforcement obtained evidence. We scrutinize the legality of search warrants, assess their scope, and verify that all procedures for handling digital devices were followed. If we find that the police violated your rights or engaged in misconduct, we will seek to have that evidence suppressed.

Evidence we might use to build your defense includes:

• Forensic evidence: Evidence such as DNA results or sexual assault test kits can play a crucial role in our defense strategy. Discrepancies in DNA evidence or the absence of forensic evidence linking you to the alleged crime can cast doubt on the prosecution's case.

• Absence of physical trauma: A sexual assault test kit lacking physical injuries could be used to suggest the encounter was consensual and didn't involve force. Although not all sexual assaults leave physical signs, their absence can be a factor for the jury to consider.

• Contaminated evidence: A sexual assault defense attorney can challenge the integrity of a sexual assault test kit or other physical evidence by arguing that proper protocols weren't followed during collection or preservation. If the evidence has been tampered with or mishandled, its validity is compromised, and it can't be trusted to prove guilt.

• Text messages or social media posts: Communications between you and the accuser before, during, or after the alleged incident can be used to show a history of consensual sexual activity or to establish the nature of your relationship. 

• Witness statements: If witnesses saw you and the accuser interacting before or after the alleged incident, their testimony can be used to challenge the accuser's story. 

• Inconsistent statements from the accuser: Our defense team will highlight any discrepancies or contradictions in the accuser's account. Inconsistent statements can cast doubt on the accuser's credibility and the reliability of their story.

Illegal Search and Seizure

The Fourth Amendment protects you from illegal searches and seizures. If law enforcement violates these rights to obtain evidence, that evidence must be excluded from trial. A defense can be based on various violations, such as the absence of a warrant, a lack of probable cause, or a search that goes beyond the bounds of a legal warrant. 

Entrapment Defense

In sexual exploitation of a child charges, a valid entrapment argument may exist if police induced you to commit the crime through methods that created a substantial risk for a person who would not have otherwise engaged in the conduct. C.R.S. § 18-1-709

Mistake-of-Age Defense

This affirmative defense can be applied in some sexual crime charges involving minors aged 15 to 17, provided the defendant reasonably believed the minor was 18 or older. 

However, mistake-of-age is not available if the child is younger than fifteen or if you are in a position of trust, such as a teacher, counselor, youth minister, or other such role. This defense also cannot be used in child prostitution cases.

Consent

In a sex crimes case, consent is a fundamental legal defense. If the prosecution cannot prove that the act was nonconsensual, then a key element of the crime is missing. 

Your sex crime attorney's job is to prove that the sexual contact or intrusion was consensual, meaning the other person freely and knowingly agreed to the act. It is essential to understand that consent is a complex legal definition and can be challenged if the alleged victim was intoxicated, incapacitated, or under duress. 

An experienced sex crimes attorney will meticulously review all the evidence, including communications and witness testimony, to build a strong argument that consent was given, which can be a critical step in your defense.

Who Can Get Off the Sex Offense Registry? 

Adults on Colorado’s Sex Offender Registry

The sex offender registry is not always a permanent obligation. For some individuals convicted of a sex crime, there is a path to petition for removal. Your dedication to maintaining a clean record, free of additional sex offense convictions, is key to this process if you’re eligible for removal. The time you must wait before you can file your petition depends on your original conviction. Some lower-level misdemeanors require a five-year registration period, while serious felonies call for 20 years. 

Sex trafficking victims and people with severe physical or intellectual disabilities who are convicted of sex crimes may be able to petition for removal much earlier. 

Deferred Judgments and Registration Removal

If you were placed on the registry as part of a deferred judgment, you can seek removal after successfully completing your deferment. This process offers a pathway to rebuilding your life– free of stigma.

Juveniles on Colorado’s Sex Offender Registry

The laws surrounding juvenile sex offenders in Colorado are designed to offer a path to a fresh start, recognizing that a young person’s past should not always define their entire future. Juveniles convicted of sex crimes will be automatically removed from the registry when they turn 25 years old, or seven years after they are required to begin registering—whichever occurs later. 

I should note that the court requires some juvenile offenders to continue registering even after their sentence is complete.

Filing Your Petition

You must file a petition with the court where you were convicted. Upon receiving your petition, the court will set a hearing date and notify the district attorney and any victims who have requested it.

Notifying Government Departments

You must send a copy of your petition by certified mail to each law enforcement agency where you're registered, as well as to the county district attorney’s office and the attorney who prosecuted your case.

Submitting Documents to the Court

After you file your petition, you have 21 days to provide the court with the return receipts showing that each party received notification. During this time, you must also submit any supporting paperwork to prove your eligibility for removal, such as court-ordered treatment records.

Objections to Removal

The district attorney and victim(s) have 63 days to file an objection to your removal. 

If an objection is filed, the court will schedule a hearing where you can present your case. In addition to hearing from the district attorney and/or the victim, the judge will consider all the information supporting your petition, such as your successful sentence completion and low likelihood of re-offending.

If no one objects, the court may review your petition without a formal hearing.

Considerations for Removal

The court will consider the following when determining whether to grant your petition for removal from the sex offender registry: 

• you have completed your sentence

• remained free of other sex crime convictions during your registration period

• met the required wait time

• are deemed unlikely to commit another crime involving unlawful sexual behavior

Sex crime charges don’t have to lead to a restricted and uncertain future. The legal path to freedom is complex, but it exists. At Robinson & Henry, our criminal defense attorneys in Castle Rock, Denver metro, Highlands Ranch, Colorado Springs metro, and Westminster know the judicial system from both sides. We will use that insight to fight for your right to a new beginning. Don't leave your future to chance. Schedule a consultation today with a member of our Criminal Defense Team to take back control of your life.