Sex Crimes
Being accused or arrested for a sexually motivated crime is one of the most shocking and devastating events a person can experience. Not only are you now subject to the judiciary system, but the shame and stigma that’s associated with a sex crime could potentially ruin your reputation indefinitely. You may feel shunned by your community and feel as if there’s no way to defend yourself. Thankfully, this isn’t true and there are options for you to pursue to clear your name and avoid the statutory penalties.
If you or someone you know has been charged with a type of sex crime, it’s not just important, but imperative you seek legal representation. Your criminal defense attorney can dissect the evidence and spot any inconsistencies to undermine the prosecution’s argument. They can even bring in experts, corroborating witnesses, suppress incriminating evidence, and identify any unlawful actions made by law enforcement during investigation or arrest.
Denver Sex Crimes Attorney, CO
Accusations of rape or any other sex crime could result in serious jail time, expensive fines, and the label of a sex offender. Do whatever you can to avoid these statutory penalties by hiring experienced and skilled criminal defense attorney with Denvers Defense Attorney. Attorney Matthew Martin has a whopping 22 years of experience defending his clients at trial. He’s faced every obstacle possible in the legal field and can apply that knowledge to your case.
Set up your first consultation with an experienced Denver sex defense attorney today by calling our office at 303.725.0017 or filling out our online consultation form. Denvers Defense Attorney accepts clients throughout the greater Denver area and surrounding counties such as Adams County, Arapahoe County, Douglas County, Jefferson County, Broomfield County, and Boulder County.
Overview of Sex Crimes in Denver, Colorado
- Types of Sex Crimes in Colorado
- Aggravating Factors for Sex Crimes in Colorado
- Sexual Assault and Sex Crimes Involving Children in Colorado
- Can Sex Crimes Be Sealed in Colorado?
- Sex Offender Registry in Denver Colorado
- Romeo and Juliet Clauses in Colorado
- Frequently Asked Questions
- Additional Resources
Types of Sex Crimes in Colorado
Colorado sex offenses range from misdemeanors to serious felonies and may carry consequences beyond incarceration, including probation, sex-offender treatment, registration requirements, protection orders, and restrictions on contact with minors. The precise charge depends on factors such as consent, the ages of the individuals involved, the use of force or coercion, the relationship between the parties, and whether electronic communications or sexual images were involved.
Unlawful Sexual Contact – Unlawful sexual contact generally involves knowingly touching another person’s intimate parts without legally valid consent for sexual arousal, gratification, or abuse. It may also involve causing another person to touch intimate parts, including through force, threats, deception, incapacity, or abuse of professional authority.
Sexual Assault – Sexual assault generally involves sexual penetration or intrusion without legally valid consent. It can also apply when the alleged victim is incapable of understanding or consenting, is physically helpless, is unlawfully impaired by a substance, or submits because of force, threats, or misuse of authority. The offense can range from a misdemeanor to a serious felony depending on the circumstances.
Sexual Assault on a Child – Sexual assault on a child occurs when a person knowingly subjects a child under 15 to sexual contact and is at least four years older than the child. The charge can become more serious when it involves a pattern of abuse, force, threats, injury, multiple perpetrators, or a position of trust.
Pandering – Pandering generally involves arranging or offering to arrange a situation in which another person may engage in prostitution, or threatening or intimidating someone to cause them to engage in prostitution. The seriousness of the charge depends on the conduct involved and whether the person affected is an adult or a child. Conduct involving a child can lead to separate and substantially more serious child-prostitution charges.
Providing Sexually Explicit Material to Minors – Colorado law restricts knowingly displaying, furnishing, presenting, distributing, or otherwise making certain sexually explicit or harmful material available to a person under 18. Whether the conduct is criminal can depend on the content, the minor’s age, the accused person’s knowledge, the method of distribution, and whether a statutory educational, medical, or parental exception applies.
Sexual Assault on a Client by a Psychotherapist – A psychotherapist may commit this offense by knowingly engaging in sexual penetration or sexual intrusion with a client during a therapeutic relationship, or in certain circumstances after the professional relationship has ended. A client’s apparent consent generally does not excuse conduct prohibited by the statute because of the therapist’s position of authority and influence.
Sexual Assault with an Object – Using an object or instrument to sexually penetrate another person without legally valid consent is prosecuted under Colorado’s sexual-assault law. The charge may become more serious when force, threats, physical helplessness, incapacity, serious injury, multiple participants, or a deadly weapon is involved.
Invasion of Privacy for Sexual Gratification – This offense generally occurs when someone knowingly observes or photographs another person’s intimate parts without consent, in a place where that person has a reasonable expectation of privacy, and does so for sexual gratification. Depending on the circumstances and criminal history, the offense may be charged as a misdemeanor or felony.
Human Trafficking for Sexual Servitude – Human trafficking for sexual servitude involves selling, recruiting, harboring, transporting, providing, obtaining, isolating, enticing, or receiving another person for commercial sexual activity through force, fraud, coercion, threats, or other prohibited means. Trafficking a minor for sexual servitude is separately prohibited and does not require proof that force or coercion was used.
Revenge Porn – Commonly called revenge porn, this conduct is addressed through Colorado laws prohibiting the unauthorized disclosure of private intimate images or intimate digital depictions. A person may face charges for knowingly distributing an intimate image without consent when the depicted person expected it to remain private and the disclosure was intended to harass the person or obtain financial gain.
Enticement of a Child – Enticement of a child occurs when a person invites or persuades, or attempts to invite or persuade, a child under 15 to enter a vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact. The offense can be charged even when the intended sexual offense is not completed.
Sexual Assault on a Child by One in a Position of Trust – This offense generally occurs when a person in a position of trust knowingly subjects a child under 18 to sexual contact. Positions of trust may include parents, guardians, teachers, coaches, clergy members, healthcare providers, babysitters, and others responsible for a child’s supervision, education, welfare, or care.
Voyeurism – Voyeuristic conduct may be prosecuted as invasion of privacy for sexual gratification when someone secretly watches, photographs, or records another person’s intimate parts without consent in a place where privacy is reasonably expected. The law can apply even when there is no physical contact between the accused and the person observed.
Internet Exploitation of a Child – Internet sexual exploitation of a child generally involves electronically communicating with a person whom the accused knows or believes to be under 15 and asking or encouraging that person to expose or touch intimate parts while communicating through a computer network, phone, or other electronic device. The offense may apply even when the accused and child never meet in person.
Internet Luring of a Child – Internet luring occurs when a person communicates over a computer or electronic network with someone they know or believe is under 15, describes explicit sexual conduct, and makes a statement persuading or inviting the child to meet for any purpose. The offense does not require that an in-person meeting actually occur.
Failure to Register as a Sex Offender – A person required to register as a sex offender may commit this offense by knowingly failing to register, provide required information, update an address or online identifier, complete annual or quarterly registration, or otherwise comply with Colorado’s registration requirements. The classification generally depends on whether the underlying registration offense was a misdemeanor or felony and whether the person has prior registration violations.
Prostitution – Prostitution generally involves performing, offering, or agreeing to perform a sexual act with another person in exchange for money or another thing of value. Colorado provides limited immunity from certain prostitution charges when a sex worker or human-trafficking victim seeks emergency assistance or reports specified violent offenses.
Soliciting for Prostitution – Soliciting for prostitution generally involves arranging or offering to meet another person for the purpose of prostitution, or directing another person to a location where prostitution is available. Different and more serious offenses apply when the conduct involves a child.
Indecent Exposure – Indecent exposure occurs when a person knowingly exposes their genitals to another person under circumstances likely to cause alarm, or performs an act of masturbation in a manner that exposes the act to another person, with the intent to arouse or satisfy sexual desire. Repeat offenses and exposure involving a child can carry more serious consequences.
Sexual Exploitation of a Child – Sexual exploitation of a child generally involves possessing, accessing with intent to view, producing, distributing, selling, exchanging, or controlling sexually exploitative material depicting a child. The offense level can depend on whether the person possessed or distributed the material, the number of images involved, and whether the accused participated in producing it.
Child Prostitution Offenses – Colorado separately prohibits soliciting a child for prostitution, pandering of a child, procuring a child, keeping a place of child prostitution, pimping a child, inducing child prostitution, and patronizing a prostituted child. These are serious felony offenses, and a minor cannot legally consent to being commercially sexually exploited.
Clergy Abuse – Clergy abuse generally refers to sexual contact, exploitation, grooming, or assault committed by a priest, pastor, minister, rabbi, spiritual adviser, or another religious leader. When the victim is a minor and the clergy member has responsibility for the child’s supervision, education, welfare, or care, prosecutors may bring charges for sexual assault on a child by one in a position of trust. Depending on the conduct, related charges may also include sexual assault, unlawful sexual contact, sexual assault on a child, enticement of a child, internet luring, or sexual exploitation of a child. Whether a clergy member legally held a “position of trust” depends on the person’s actual authority and relationship with the child, not merely their religious title.
Date Rape – Date rape is a nonstatutory term describing sexual penetration or intrusion without consent when the people know each other, are dating, previously dated, or met for a social or romantic encounter. The existence of a relationship, prior consensual activity, or an agreement to go on a date does not establish consent to the sexual act in question. The conduct may be prosecuted as sexual assault when force, threats, coercion, physical helplessness, incapacity, or the administration of an intoxicating substance prevents legally valid consent. Nonconsensual sexual touching that does not involve penetration or intrusion may instead be charged as unlawful sexual contact.
Statutory Rape – Statutory rape generally refers to sexual activity with a person who is legally too young to consent, even when the younger person apparently agreed and no force or threats were used. Colorado commonly prosecutes this conduct as sexual assault on a child when the alleged victim is under 15 and the accused is at least four years older. Sexual conduct with a person who is 15 or 16 may also constitute sexual assault when the accused is at least ten years older. When the accused occupies a position of trust and the victim is under 18, the applicable charge may be sexual assault on a child by one in a position of trust. Colorado’s close-in-age exceptions can make some consensual activity between teenagers or similarly aged young people lawful, so the ages and age difference must be examined carefully.
Incest – Incest occurs when a person knowingly marries, has sexual intercourse with, engages in sexual penetration with, or subjects to sexual intrusion certain close relatives, including an ancestor, descendant, sibling, uncle, aunt, nephew, or niece. Incest is generally a class 4 felony under Colorado law.
Aggravated Incest – Aggravated incest generally involves sexual conduct with a person whom the accused knows to be their natural child, stepchild, adopted child, foster child, ward, or another closely defined family member. Because the offense involves both a prohibited family relationship and an abuse of authority or trust, it is treated more seriously than ordinary incest.
Aggravating Factors for Sex Crimes in Colorado
Certain circumstances can increase the classification of a Colorado sex offense, trigger mandatory or indeterminate sentencing, or make probation and other lenient outcomes less likely. The effect of each factor depends on the exact charge and statutory requirements.
Use of Force, Threats, or Coercion – A sex offense is treated more seriously when the accused allegedly used physical force, threats of serious harm, intimidation, or coercion to overcome the victim’s will. These circumstances can elevate the felony classification and may support enhanced sentencing.
Use of a Deadly Weapon – Displaying, using, possessing, or threatening to use a firearm, knife, or another deadly weapon during a sexual assault can substantially increase sentencing exposure. A qualifying offense may also be designated a statutory crime of violence.
Causing Serious Bodily Injury – Sex crimes that cause serious bodily injury can carry harsher charges and sentences than offenses involving no physical injury. Serious bodily injury can include a substantial risk of death, permanent disfigurement, or prolonged impairment of a body part or organ.
The Victim Was a Child – Sexual conduct involving a child is punished more severely, particularly when the victim was under 15. The ages of both parties, their age difference, and the type of sexual conduct can determine which offense applies and whether close-in-age provisions are relevant.
Position of Trust – Penalties may increase when the accused occupied a position of trust over a minor, such as a parent, guardian, teacher, coach, clergy member, babysitter, healthcare provider, or another person responsible for the child’s care or supervision. A position-of-trust offense can apply to victims under 18 even when the minor apparently agreed to the conduct.
Pattern of Sexual Abuse – Repeated sexual conduct involving the same child may constitute a pattern of sexual abuse. Under Colorado law, this factor can elevate individual incidents of sexual assault on a child from class 4 felonies to class 3 felonies, increasing the potential punishment for each offense.
Multiple Participants – A sexual assault may be treated more seriously when the accused was physically aided or assisted by another person. Coordinated conduct involving several offenders may support a higher offense classification and separate conspiracy or complicity allegations.
Administration of Drugs or Intoxicants – Giving a victim alcohol, drugs, medication, or another substance without consent in order to impair their ability to understand, resist, or consent can aggravate a sexual-assault charge. Similar charges may apply when the accused knew the victim was physically helpless or incapable of legally valid consent.
Victim Was Physically Helpless or Incapable of Consent – Sexual conduct can result in more serious charges when the victim was unconscious, asleep, severely intoxicated, cognitively unable to understand the act, or otherwise unable to communicate consent. The prosecution does not necessarily need to prove physical resistance.
Abuse of Professional Authority – Sexual conduct involving a psychotherapist’s client, healthcare patient, detained person, or another individual subject to professional authority may support a distinct offense or aggravate the case. Colorado restricts consent as a defense in certain relationships because of the power imbalance involved.
Victim Was in Custody or Detention – A case may be treated more seriously when the alleged victim was confined in a jail, prison, hospital, treatment facility, or another institution and the accused had supervisory or disciplinary authority over them.
Recording or Distributing the Conduct – Photographing, filming, livestreaming, possessing, or distributing images of sexual abuse can result in additional charges beyond the underlying contact offense. When a child is depicted, charges may include sexual exploitation of a child for producing, possessing, or distributing exploitative material.
Internet Grooming or Luring – Using electronic messages, social media, gaming platforms, or other online communications to groom, solicit, exploit, or arrange a meeting with a child can lead to separate charges such as internet luring, internet sexual exploitation, enticement, or attempted sexual assault.
Commercial Sexual Exploitation – Exchanging money, shelter, drugs, transportation, or another thing of value for sexual activity can result in additional prostitution, pimping, trafficking, or commercial sexual exploitation charges. Cases involving minors are treated especially seriously, and a child cannot legally consent to commercial sexual exploitation.
Kidnapping or Unlawful Restraint – Moving, confining, restraining, or preventing a victim from leaving during a sexual offense can lead to kidnapping or false-imprisonment charges in addition to sexual-assault charges. Separate convictions may result in additional or consecutive sentences.
Multiple Victims or Separate Incidents – Allegations involving several victims or repeated incidents can produce numerous criminal counts. Separate convictions may result in consecutive sentences, particularly when the offenses are treated as distinct crimes of violence or involve different victims.
Aggravating factors can affect more than the felony classification. Certain Colorado sex offenses are subject to indeterminate sentencing, potentially extending to the defendant’s natural life, while qualifying crimes of violence may carry mandatory enhanced prison terms. Colorado’s treatment of child-sex offenses and pattern-of-abuse allegations can also elevate the seriousness of each individual incident.
Sexual Assault and Sex Crimes Involving Children in Colorado
Crimes involving unlawful sexual behavior are under the Title 18, Article 3 Part 4 of the Colorado Revised Statutes. These offenses range from unwanted touching of another person to full-on rape. The penalties for sexually motivated crimes rely on the unique facts of the case. Listed below are the elements and penalties common for sex offenses in Colorado.
Sexual Assault
One of the most common and serious sex crimes in Colorado is sexual assault, also frequently referred to as rape. The crime is defined as subjecting another person to unwanted sexual penetration or intrusion without their consent under § 18-3-402 of the Colorado Revised Statutes. An act of sexual intercourse or penetration is defined as assault if:
- The sexual act was done without proper consent
- The victim was at the time incapable of giving consent
- The victim submitted to the act because they were under the impression the person touching them was their spouse
- The offender is in a position of supervisory or disciplinary authority while the victim is in custody of law enforcement, institution, or hospital
- The offender disguised the sexual assault as a medical service or examination
- The victim was physically helpless, so they were unable to consent
Sexual assault without any force involved is a class 4 felony. The penalties for a class 4 felony include the following:
- Up to 8 years in prison
- A fine of up to $500,000
Certain enhancements exist for sexual assault cases that could affect sentencing. The penalties are subject to enhancement if any of the following are proven as fact by the court.
- Threats involving physical violence or force
- The victim was drugged without their permission
- The victim was threatened with imminent death, serious bodily injury, kidnapping, or extreme pain
- The victim was threatened with future retaliation if they tell anyone of the act
- A deadly weapon was used or threatened to be used
- The offender was armed or appeared to be armed with a deadly weapon
- The victim suffered a serious bodily injury because of the assault
- The offender had one or more people assisting with the crime
Statutory Rape
The age of consent in Colorado is 17 years old and any adult who has sexual relations with a person of this age could be charged with statutory rape. Cases of statutory rape can be extremely complicated especially if it’s between a minor and young adult. Normally in cases where the adult is very young, law enforcement focuses on the age difference between the two moreso than the age of consent.
If someone is 15 or 16 years of age, then you cannot have a sexual relationship with them if you are four years older. For instance, if you are 20 years old and have a sexual relationship with a 15-year-old, there’s a high possibility you’ll be charged with statutory rape. The penalty for statutory rape is a class 1 misdemeanor, which is punishable by up to 2 years in jail and a fine of up to $5,000.
Sex Crimes Involving Children
If the sexually motivated crime involves a child, expect to be charged with a felony. The state of Colorado has harsh penalties for offenders who commit sexual assault on children and therefore you could be imprisoned for years, sometimes life. In Colorado, a person is considered a child if they are under 15 years old and the offender is at least four years older. The penalty for sexual assault against a child is a class 4 felony, which can result in:
- Up to 8 years in prison
- A fine of up to $500,000
If the following factors were found to be present during the commission of the offense, then the charges are open to enhancement. These factors include:
- If the sexual assault involved force
- Whether threats of imminent death, kidnapping, extreme pain, or serious bodily injured were used against the child or someone they know
- There were threats of future retaliation against the victim
- The act was a pattern of sexual abuse
Can Sex Crimes Be Sealed in Colorado?
Most Colorado convictions involving unlawful sexual behavior cannot be sealed through the ordinary criminal-record sealing process. This generally includes convictions for sexual assault, sexual assault on a child, sexual assault on a child by one in a position of trust, unlawful sexual contact, incest, aggravated incest, sexual exploitation of a child, invasion of privacy for sexual gratification, and sexual assault on a client by a psychotherapist. The restriction applies because Colorado law specifically excludes offenses involving unlawful sexual behavior from ordinary conviction-sealing eligibility.
Dismissed Sex-Crime Charges – A sex-crime case may be eligible for sealing when the defendant was acquitted on all counts, successfully completed an eligible diversion agreement, completed a deferred judgment and had every charge dismissed, or had the conviction legally vacated. Non-conviction cases use a different sealing process from conviction records, and the person generally must have paid any outstanding restitution before the case can be sealed.
Partial Dismissals and Plea Agreements – Sealing may be more complicated when a sex-crime charge was dismissed as part of a plea agreement involving a conviction on another count. A dismissed count is not always independently sealable when it remains part of a case that resulted in a conviction. The complete disposition of every count must be reviewed before determining eligibility.
Deferred Judgments – A person who successfully completes a deferred judgment and receives a dismissal may potentially use Colorado’s non-conviction sealing procedure. However, sex-offense cases can involve additional restrictions, including registration, treatment, and statutory requirements that may continue separately from the public court record. A dismissal or sealing order should not be assumed to terminate a sex-offender registration obligation automatically.
Invasion-of-Privacy and Intimate-Image Offenses – Some crimes involving private intimate images are governed by specialized sealing provisions rather than the ordinary rules. Eligibility can depend on the exact statute of conviction, whether the offense involved sexual gratification, and whether the case resulted in dismissal or conviction. Invasion of privacy for sexual gratification is specifically identified among Colorado’s offenses involving unlawful sexual behavior.
Prostitution-Related Convictions of Trafficking Victims – Colorado provides a separate sealing procedure for certain convictions committed as a direct result of being a victim of human trafficking. Qualifying convictions may be sealable without the normal waiting period, but the applicant must show that the offense was connected to the trafficking. The Colorado Judicial Branch lists crimes committed by human-trafficking victims among convictions that may be sealed at any time.
Juvenile Sex-Offense Records – Juvenile cases are generally handled through expungement rather than adult record sealing. Some misdemeanor juvenile sex offenses may eventually qualify for expungement, while felony offenses involving unlawful sexual behavior, crimes of violence, and other serious adjudications are subject to stricter exclusions. Juvenile eligibility depends on the offense, case outcome, completion of the sentence, and later criminal history.
Federal Sex-Offense Convictions – Colorado courts generally cannot seal a federal conviction. A federal sex-crime case prosecuted in Colorado remains governed by federal law, which provides very limited opportunities to seal or expunge an adult conviction.
Sex Offender Registry in Denver Colorado
A conviction for a felony sex crime will also include a required registration with the Colorado Bureau of Investigation’s sex offender database. To register, you’ll have to submit your information to the local police department, which is then uploaded to the registry. The sex offender registry is open to the general public, so your community can discover your sex offender status if they check the database. It may even alarm your community if you move to another city or area of your sex offender status.
Failing to register as a sex offender is a crime in the state of Colorado. Even if you simply didn’t register because of a mistake or you forgot. If you fail to register as a sex offender, then you’ll be charged with a class 6 felony, which is punishable by:
- Up to 18 months in prison; and
- A fine of up to $100,000
Romeo and Juliet Clauses in Colorado
Colorado’s sexual-assault statutes contain close-in-age provisions, often called Romeo and Juliet Clauses, that prevent certain consensual sexual activity between teenagers and similarly aged young people from automatically being treated as statutory sexual assault. These provisions concern only age-based offenses; they do not legalize conduct involving force, threats, coercion, incapacity, exploitation, or a position of trust.
For sexual penetration or intrusion, Colorado law generally creates an age-based sexual-assault offense when:
- The younger person is under 15 and the other person is at least four years older; or
- The younger person is 15 or 16 and the other person is at least ten years older.
This means consensual sexual activity does not ordinarily violate these particular age-based provisions when the age difference is smaller than the statutory threshold. For example, the under-15 provision generally would not apply when the older person is less than four years older. Similarly, the provision covering a 15- or 16-year-old generally would not apply unless the other person is at least ten years older. The precise ages on the date of the alleged conduct are therefore important.
Colorado uses a similar four-year age difference for sexual contact with a child. Sexual assault on a child generally occurs when the younger person is under 15, the accused is at least four years older, and the parties are not spouses. This charge concerns sexual touching rather than the penetration or intrusion covered by the general sexual-assault statute.
Situations in Which Close-in-Age Protections Do Not Apply
A small age difference is not a defense to every sex offense. Charges may still be filed when the conduct was nonconsensual or involved force, threats, physical helplessness, intoxication, an inability to understand the act, or another circumstance making consent legally invalid. Colorado law separately prohibits sexual assault based on those circumstances regardless of whether the people are close in age.
Close-in-age provisions also do not generally protect a person who occupies a position of trust over someone under 18. A parent, guardian, teacher, coach, clergy member, caregiver, or another person exercising responsibility or authority over a minor may face sexual assault on a child by one in a position of trust, even when the younger person is 15, 16, or 17 and apparently consented.
The provisions also do not necessarily protect conduct involving sexual images, commercial sexual activity, internet exploitation, enticement, incest, or human trafficking. Those offenses have their own elements and age requirements.
Colorado generally does not allow a person charged under a law based on the victim being under 15 to defend the case by claiming they did not know the child’s age or reasonably believed the child was older. When an offense instead depends on the person being under 18 and the person was at least 15, a reasonable belief that the person was 18 or older may be an affirmative defense in some cases. That defense is unavailable when the accused occupied a position of trust.
Frequently Asked Questions
What is considered a sex crime in Colorado?
Sex crimes generally include offenses involving nonconsensual sexual conduct, unlawful sexual activity with minors, sexual exploitation, commercial sexual activity, unlawful intimate images, or abuse of a position of trust. Examples include sexual assault, unlawful sexual contact, sexual assault on a child, internet luring, enticement of a child, sexual exploitation of a child, incest, human trafficking for sexual servitude, and invasion of privacy for sexual gratification. Colorado’s sex-offense statutes are primarily located in Title 18 of the Colorado Revised Statutes.
Are all sex crimes felonies in Colorado?
No. Some sex crimes are misdemeanors, while others are serious felonies. The classification depends on the type of sexual conduct, the ages of the people involved, whether force or threats were used, whether the victim was physically helpless, whether the accused occupied a position of trust, and whether aggravating circumstances were present.
What is the difference between sexual assault and unlawful sexual contact?
Sexual assault generally involves sexual penetration or intrusion without legally valid consent or under another circumstance prohibited by law. Unlawful sexual contact generally involves nonconsensual sexual touching rather than penetration or intrusion. Either offense may become more serious when force, threats, substances, incapacity, or abuse of professional authority is involved.
What does consent mean in a Colorado sex-crime case?
Consent generally requires voluntary cooperation in the particular sexual act. Consent to dating, kissing, previous sexual activity, or one type of sexual conduct does not automatically establish consent to another act. Consent may also be legally invalid when the person is too young, physically helpless, substantially impaired, or subject to certain relationships involving authority or trust.
Can consent be withdrawn after sexual activity begins?
Yes. A person can communicate that they no longer agree to continue. Continuing sexual conduct after consent has been withdrawn may support a sex-crime allegation if the prosecution can prove the required elements of the applicable offense.
What are Colorado’s Romeo and Juliet provisions?
Colorado has close-in-age provisions rather than a law formally called the Romeo and Juliet law. Age-based sexual assault generally applies when the younger person is under 15 and the other person is at least four years older, or when the younger person is 15 or 16 and the other person is at least ten years older. These provisions do not protect conduct involving force, incapacity, exploitation, or a position of trust.
Can a clergy member be charged for sexual conduct with a minor?
Yes. Although “clergy abuse” is not a separate Colorado offense, a clergy member may be charged with sexual assault on a child by one in a position of trust when the relationship satisfies the statutory requirements. Other possible charges include sexual assault, unlawful sexual contact, enticement, internet luring, or sexual exploitation of a child.
What is internet luring of a child?
Internet luring generally involves communicating electronically with someone the accused knows or believes is under 15, describing explicit sexual conduct, and inviting or persuading the child to meet for any purpose. An actual meeting or completed sexual act is not necessarily required.
Can an undercover officer pose as a minor?
Yes. A person may be investigated or charged based on communications with an undercover officer whom the person believed to be a child. The prosecution may rely on messages, images, meeting arrangements, travel, and other conduct to establish the accused person’s intent and belief about the supposed child’s age.
What is enticement of a child?
Enticement of a child generally involves inviting, persuading, or attempting to persuade a child under 15 to enter a vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact. The intended sexual offense does not need to be completed.
What is invasion of privacy for sexual gratification?
This offense generally involves knowingly observing or photographing another person’s intimate parts without consent, in a place where that person reasonably expects privacy, for the purpose of sexual gratification. It can apply to conduct involving hidden cameras, phones, windows, bathrooms, changing areas, or private bedrooms.
Is revenge porn a crime in Colorado?
Colorado prohibits certain unauthorized disclosures of private intimate images. Charges may apply when someone knowingly distributes an intimate image without consent under circumstances in which the depicted person expected the image to remain private and other statutory requirements are satisfied.
Can sex between spouses or dating partners result in charges?
Yes. Marriage, dating, or prior consensual sexual activity does not create permanent consent. Sexual assault or unlawful sexual contact may be charged when the specific act was not consensual or another legally prohibited circumstance existed.
Can someone be charged when the alleged victim does not want prosecution?
Yes. Prosecutors, rather than the alleged victim, decide whether to file or dismiss criminal charges. A prosecutor may proceed using statements, medical evidence, electronic communications, recordings, photographs, witness testimony, or other evidence even when the alleged victim requests that the case be dropped.
What defenses may apply to a sex-crime charge?
Possible defenses include consent, mistaken identity, fabrication, insufficient evidence, lack of the required intent, an age difference falling within a close-in-age provision, unlawful search or seizure, unreliable forensic evidence, or failure to prove that the accused occupied a position of trust. The available defense depends on the specific charge.
Is mistake about the alleged victim’s age a defense?
Not always. Colorado limits mistake-of-age defenses, particularly when the alleged victim was under 15. A reasonable belief that an older minor was at least 18 may be relevant in certain cases, but statutory restrictions and position-of-trust rules can prevent the defense from applying.
What penalties can follow a sex-crime conviction?
Possible penalties include jail or prison, probation, fines, restitution, mandatory treatment, intensive supervision, protection orders, restrictions on contact with minors, and sex-offender registration. Certain felony sex offenses may carry indeterminate sentences with a minimum term and a maximum of life.
Is sex-offender registration always permanent?
No. Some registrants may petition to discontinue registration after completing the sentence, avoiding subsequent sex-offense convictions, and satisfying the required waiting period. Others may be subject to lifetime registration or otherwise be ineligible. The Colorado Judicial Branch provides a formal petition process for eligible registrants.
Can a sex-crime conviction be sealed?
Most Colorado convictions involving unlawful sexual behavior are ineligible for ordinary record sealing. Charges resulting in dismissal, acquittal, or successful completion of certain deferred dispositions may potentially be sealed under the rules for non-conviction records. Colorado Judicial Branch forms distinguish ordinary record sealing from petitions to discontinue registration.
Can juvenile sex-offense records be expunged?
Juvenile cases follow different rules from adult cases. Certain juveniles may be exempted from registration, later receive automatic termination of registration, or seek expungement depending on the adjudication and surrounding circumstances. Serious felony sexual adjudications may remain subject to significant restrictions.
Why is early legal representation important?
Early representation allows an attorney to address police interviews, device searches, protection orders, bond restrictions, forensic testing, preservation of messages and surveillance footage, and contact with witnesses. Sex-crime investigations often depend heavily on electronic records and statements made before charges are filed, making early legal guidance particularly important.
Additional Resources
RAINN – Visit the official website for RAINN, also known as the Rape, Abuse and Incest National Network to learn more about their hotline and available resources for victims. Use their site to learn more about Colorado sex offense laws, survivor stories, initiatives RAINN has begun in hopes of reducing sex crimes towards women.
Colorado Sex Crime Laws – Visit the official website of the Colorado Revised Statutes to learn more about their sex crime laws and penalties. Access their site to learn more about other sex crimes such as child pornography, prostitution, sexual exploitation of a child online, and other relevant information.
Denver Attorney for Sex Crimes | Sexual Assault Lawyer in Colorado
If you or someone you know has been charged with a sexually motivated crime, then look no further than Denvers Defense Attorney. Denver sex crime defense lawyer Matthew Martin understands the devastating consequences associated with sexually motivated crimes. That is why he always is sure to explore every legal option and consult you every step of the way to ensure you receive the best possible outcome for your case.
Call Denvers Defense Attorney today at 303.725.0017 to set up your first consultation today. Denvers Defense Attorney accepts clients throughout the greater Denver area including Boulder, Louisville, Lafayette, Lyons, Lakewood, Golden, Evergreen, Morrison, Englewood, and Centennial.