Colorado Sexual Assault Charges: First Steps and Your Defense Guide

A sexual assault conviction in Colorado can profoundly alter every aspect of your life. Not only will you face a lengthy prison sentence and significant financial penalties, but you also risk losing access to some of your most fundamental rights. 

When you’re faced with these serious allegations, securing a tenacious and sharp sexual assault attorney isn’t just advisable—it’s absolutely essential.

Don’t Make a Statement If You Can Help It

When you’re facing sexual assault charges, the initial shock and confusion can be overwhelming. This process can leave your head spinning. It’s not uncommon for individuals to speak with the police before they understand the gravity of the situation. Being pressured into making a statement that’s not entirely accurate can jeopardize your defense and your future. 

Case in Point

A few years ago, I represented a client who had already made multiple confessions by the time they retained me as their sexual assault defense attorney. Despite the challenging start to this case, my team secured a plea deal that reduced the consequences our client was facing. 

Contact a Criminal Defense Attorney Immediately

At Robinson & Henry, we understand you’re in a vulnerable position. Our job as sex crimes lawyers is to confront challenges head-on and build a strong defense to minimize the serious consequences you’re facing. Our team will leverage its deep understanding of Colorado law, negotiate effectively, and fight for the best possible outcome for you.

Understand Your Charges

Colorado’s legal definition of sexual assault is complex, and the consequences are severe. In most cases, sexual assault is a felony. C.R.S. 18-3-405.5

When you’re charged with sexual assault in Colorado, you’re alleged to have knowingly inflicted sexual intrusion or penetration on someone without their consent. C.R.S. 18-3-401 defines consent as “cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act.” 

Sexual assault charges can arise from any scenario where someone does not willingly or knowingly agree to engage in an act, including situations where someone: 

• is incapable of understanding the nature of their conduct or what is happening

• believes you are their spouse and consents by mistake

• agrees under the pretense of a medical examination or service

• cannot consent due to being inebriated or asleep

• is coerced by a person with supervisory or disciplinary authority C.R.S. 18-3-402

Colorado classifies sexual assault in different ways, so the penalties vary depending on how the crime is classified by the statute. Aggravating factors like the victim’s age, their cognitive state, and whether they are considered an “at-risk person” by law can impact the severity of punishment, as do cases involving the use of force and abuses of power. 

The penalties for a sexual assault conviction in Colorado are among the most severe and, in some cases, can result in a lifetime of restrictions.

Is Sexual Assault a Felony? Yes, in most cases, sexual assault is a felony. It’s only treated as a misdemeanor in limited circumstances. C.R.S. 18-3-405.5  The crime is a class 4 felony unless there are aggravating factors that apply. 

Aggravating factors that lead to a class 2 felony charge:

• the alleged victim suffered serious bodily injury, or

• the alleged victim is under 12 and you’re over 18 and 10 years older than the child, or

• a deadly weapon was used during the crime, or

• you had an accomplice.

Aggravating factors that lead to a class 3 felony charge:

• the alleged victim was unconscious or helpless, or

• the alleged victim is under 15 and you’re in a position of trust, or

• physical force was used during the assault, or 

• drugs or intoxicants impaired the victim, or 

• you threatened to kill the victim.

Indeterminate Sentences

Most felony sexual assault convictions carry an indeterminate prison sentence, meaning your prison term isn’t a fixed number of years. Instead, the sentencing range can vary significantly, sometimes up to life. 

Class 2 felony sexual assault convictions result in up to life in prison under Colorado’s Sex Offender Lifetime Supervision Act of 1998. You may also face up to lifetime supervision on parole, or face up to 20 years’ probation.

Class 3 felony sexual assault

• 4-16 years in prison, up to life

• Sex Offender Intensive Supervised Probation (SOISP)

Class 4 felony sexual assault 

• 2-8 years in prison, up to life 

• SOISP

Sentences When the Conviction Involves a Minor

Sexual assault on a child is a felony and can come with stiffer penalties depending on the victim’s age and other aggravating factors.

Class 4 felony

Sexual assault on a Child is generally a Class 4 felony in Colorado.  The elements are that the actor knowingly subjected another who is not their spouse to any sexual contact, that the alleged victim is less than 15 years of age, and the actor is at least four years older than the alleged victim.

The penalties include 2-6 years in prison to life, and/or SOISP.

Class 3 felony

Sexual Assault on a Child in Colorado can be upgraded to a Class 3 felony, however, if one or more of the following occurs during the alleged assault:

• The actor applies force against the victim in order to accomplish or facilitate the assault;

• Imminent death, serious bodily injury, extreme pain, or kidnapping is threatened against the alleged victim or another person AND the alleged victim believes the actor will act on the threat;

• Imminent death, serious bodily injury, extreme pain, or kidnapping is threatened to happen in the future against the alleged victim or another person AND the alleged victim believes the actor will act on the threat;

• The actor commits the offense as part of a pattern of abuse.

Due to parole, probation, and the endless restrictions on your everyday rights, the penalty for sexual assault in Colorado can feel like a life sentence, long after the prison term ends.  

Extensive Parole Requirements

After a defendant serves their minimum sentence for sexual assault, he or she may begin to seek parole. Parole can last a lifetime, depending on the charge. Your sexual assault defense attorney can give you a better idea of the parole you could face.

Supervised Probation 

State law requires sex offenders to participate in an intensive supervised probation program. It’s the highest level of supervision of anyone on probation, which can:

• severely restrict your activities

• require daily contact with your probation officer

• impose a monitored curfew

• order home and employment visits and monitoring

• demand drug and alcohol screenings

• refer treatment and physiological observation

• oversee restitution payments C.R.S. 18-1.3-1007

Sex Offender Registration 

You may have to register as a sex offender for the rest of your life if you receive an indeterminate sentence for a felony sexual assault charge. Even if you are eligible to be removed from the sex offender registration list, you must receive the court’s permission to no longer register. 

Sex offender registration can affect housing, employment, and how neighbors perceive you. C.R.S. 16-22-108

Sexually Violent Predator Evaluation

You’ll also have to undergo a mental health sex offense assessment to determine if you’re a sexually violent predator. C.R.S. 18-3-414.5 

If you’re deemed to be a sexually violent predator, your sex offender registration will carry that designation. 

Voting Restrictions 

Felons serving time in Colorado cannot register to vote or take part in state or national elections. Those rights are restored, however, when paroled. C.R.S. 1-2-103; Colo. Const. Art. VII, Section 10

A sexual assault conviction can also prevent you from serving on a jury or holding a public office. 

Invasion of Your Privacy

This is arguably the most fundamental loss. Personal information, including your name, address, likeness, and conviction details, is made public, often through online sex offender registries. This mandate shatters any semblance of privacy and can result in ongoing scrutiny from law enforcement and the public. C.R.S. 16-22-110; C.R.S. 16-22-112

Movement Restrictions

A felony conviction comes with a lot of mandatory reporting requirements, placing serious limitations on your everyday movements. These restrictions will vary depending on where in Colorado you live, and can involve up to quarterly reporting of address, vehicle information, and other personal details of your whereabouts to law enforcement. You may also face certain restrictions on interstate and international travel. C.R.S. 17-27.1-101; C.R.S. 16-11.7-103

Loss of Gun Rights

Federal law prohibits individuals convicted of a felony from possessing firearms. 18 U.S.C. § 922(g)(1)

Colorado law also imposes strict restrictions on firearm ownership and possession for individuals convicted of sexual assault. Individuals convicted of felony crimes are prohibited from possessing, using, or carrying firearms. C.R.S. 18-12-108

Loss of Parental Rights

Sex offender registration can impact child custody and visitation rights. Under Colorado law, a convicted felon can lose parental rights as a result of the offense, with no right to notification of the termination, no standing to object to the termination, no right to allocation of parental responsibilities, and no right of notification of or objection to the child’s adoption. C.R.S. 18-3-405.3

If a child is conceived as a result of the offense, parental rights can also be terminated. C.R.S. 19-5-105.5

When you’re charged with sexual assault, the district attorney is tasked with building a strong case against you. Without legal representation, their version of events can be used to define the rest of your life. Our team of sexual assault lawyers is ready to debunk their narrative by exposing any weaknesses in their case. We’ll use the findings from our own investigation to inform which of the following tactics we may use to secure the most ideal outcome.

One of the most powerful defenses we can harness as your sexual assault attorneys involves proving that the alleged victim willingly consented to the alleged act. Evidence of consent can immediately invalidate a prosecutor’s central argument. A thorough investigation into the incident will determine whether this approach is right for your case. If we find that it is, we will provide the court with evidence that the encounter was consensual through strategic application of the law.

Inability to consent is often applied in cases where the alleged victim was intoxicated or faced with cognitive difficulties. However, there is often limited or insufficient evidence to support these claims beyond a reasonable doubt. Thus, we are prepared to challenge such arguments with expert witnesses who can assess the victim’s state of mind, determining if they were truly incapable of understanding or appraising their own conduct at the time of the incident. 

In Colorado, a criminal act must be committed voluntarily, thus making it possible to use your own incapacity at the time of the alleged incident as part of your defense. Given that substance use is a common factor in sexual assault cases, our defense strategy may also incorporate how alcohol or drugs affected your ability to make sound decisions. With the right team of sexual assault lawyers by your side, this approach can help resolve the matter definitively. C.R.S. 18-1-505

While DNA evidence can be a powerful evidentiary tool, it is not infallible. We’ll investigate whether evidence was subjected to improper storage, contamination, or damage due to tampering or negligence. In this situation, we would challenge the prosecution’s overreliance on faulty scientific evidence, drawing on the expertise of scientists who can interpret the findings accordingly. C.R.S. 16-9-801

While Colorado’s “rape shield” statute generally presumes an alleged victim’s prior sexual conduct to be irrelevant, we may elect to strategically use the statute’s limited exceptions to introduce relevant evidence to discredit the alleged victim’s claims. When strategically applied, this legal tool can help to ensure all relevant information is considered. C.R.S. 18-3-407

If the alleged victim has a history of making false reports of sexual assault, we can use that information to challenge their credibility. Note: This is not a simple defense to raise. It requires strict procedural compliance, which is nearly impossible to achieve without an experienced sexual assault attorney, involving a multistep process. We would need to file a formal motion and provide a sworn affidavit with evidence of the false reports, which a judge would consider in a private hearing. If approved, we could use this information in court. 

An expert’s testimony is only admissible if it helps the jury understand the evidence or determine a fact in issue. Therefore, we will object to the prosecution’s expert if their testimony violates evidentiary rules or improperly bolsters the victim’s credibility. For instance, it would be considered an improper bolstering of a victim’s credibility for a psychologist to testify that, in their expert opinion, the alleged victim is telling the truth. 

Sometimes, prosecutors will attempt to draw attention to a defendant’s past actions. Their goal is to make past behavior relevant to the case, even if it didn’t result in charges. We will challenge the admissibility of past actions that could unfairly prejudice our client, keeping the case focused on the relevant facts. C.R.S. 16-10-301

In investigations, police often use identification procedures like lineups or “showups” to confirm a suspect’s identity. While routine, these methods are far from foolproof and can play a major role in a prosecutor’s approach. If the prosecutor’s evidence in your case relies on these procedures, we will not hesitate to challenge unfair methods that are more likely to result in a false identification. It’s standard for us to work with experts in eyewitness identification to question the reliability of the procedure, challenging the prosecutor’s evidence. 

Procedural violations are more frequent than you might think, and they can occur at any stage of legal proceedings. However, defendants have a constitutional right to due process. I advise my team to look for signs of prosecutorial misconduct, such as withholding evidence, so we can highlight the unfair efforts to undermine your legal proceedings. If these actions are identified and brought forward, we can often use them as leverage to negotiate a more just outcome for clients like you.

The goal here is to present a complete picture of you and your situation to the court, particularly if a conviction appears imminent. In this situation, we will work to secure a more lenient sentence by presenting the court with mitigating factors. These circumstances could evoke sympathy from the judge, resulting in a lighter punishment. Mitigating factors I’ve used to reduce client sentences include a lack of prior criminal record, underlying mental health conditions, and evidence that they posed a low risk of re-offending. Likewise, we’ll highlight the absence of any aggravating circumstances to argue for a reduced sentence. C.R.S. 18-3-402

While a plea agreement may not be your first choice, not all plea deals are bad. In fact, a plea bargain can be a powerful tool used to negotiate for a reduced charge, lighter penalties, and a shorter sentence. Our team will use your unique circumstances to demonstrate mitigating factors or a lack of aggravating circumstances, which may be enough to convince the court to impose a more lenient sentence. C.R.S. 18-3-402

Plea Deal After Coaxed Confession: An R&H Case Result

Police often ask suspects to answer a few questions, which can quickly turn into an interrogation when you don’t have a defense lawyer with you to listen for tactical language. We faced this challenge when our client was coaxed into confessing to a crime that, upon further investigation, warranted further scrutiny. We drafted a treatment plan for substance abuse that the DA’s office granted, which enabled us to better negotiate our client’s plea deal.

As part of the plea deal, we helped our client obtain treatment in exchange for reduced charges. Our client pleaded guilty to a lower-level felony, which resulted in a shorter sentence and less probation. 

False rape accusations happen when a person claims to have been the victim of an incident that didn’t occur. Unfortunately, this is a common phenomenon. The Innocence Project notes that as of 2020, over 90 percent of DNA exonerations were for those wrongfully accused of sexual assault. Regardless of intent, a false accusation can destroy an innocent person’s life. If there is credible evidence to suggest the alleged victim made false accusations of sexual assault, we will take an aggressive approach to clear your name. 

As a former Deputy District Attorney for El Paso County, I will bring a unique perspective to your case. I spent years prosecuting crimes, so I know how the DA’s office will build its case against you. Other members of my team are also former prosecutors and public defenders. We know the local judges, current DAs, and specific tactics law enforcement will use to pursue a conviction against you. We’ll use this knowledge to anticipate their moves and build a strong defense.

With more than 70 years of combined experience, our sexual assault attorneys are accessible to clients along the Front Range, including Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, and Larimer County courts. If you are accused of or under investigation for sexual assault, you need a legal representative capable of protecting your freedom, reputation, and future. 

Experience

Many of the best criminal defense attorneys start out in the District Attorney’s office or Public Defender’s office, processing hundreds of cases similar to yours. This specific insight gives our sexual abuse attorneys the flexibility to create effective defenses that lead to more favorable outcomes. 

Availability Near You

What could be worse than a criminal defense attorney who is ‘too busy’ for their clients? My team prides itself on being conveniently located. With offices along the Front Range, we can meet you where you are to discuss to your case. Look no further than the sexual assault attorney near you in Westminster, Denver, Colorado Springs, and neighboring cities. 

Demonstrated Success

Our sexual abuse attorneys don’t shy away from tough cases. Robinson & Henry’s meticulous investigation resulted in a jury acquitting our client of all sexual assault charges, which included child sexual assault.  

When you’re charged with sexual assault, your freedom and reputation are on the line. That’s why the resources of a sexual assault law firm are your greatest supporter if facing these serious allegations.

Before you do anything, talk to a criminal defense attorney who has experience handling sexual assault cases. Our Criminal Defense Team offers a case assessment during which you’ll discuss the facts of your case and more. Call 303-688-0944 or book your consultation online today.