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.
Sex Crimes Defense Attorney in Denver, Colorado
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 Law Office of Matthew A. Martin, P.C.. 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.
Our legal team has represented numerous people accused of sex offenses such as:
- Sexual Assault
- Unlawful Sexual Contact
- Child Sexual Assault
- Internet Luring of a Child
- Internet Sexual Exploitation of a Child
- Prostitution and Solicitation
- Indecent Exposure
- Child Pornography
- Date Rape
Set up your first consultation with an experienced Denver sex defense attorney today by calling our office at (303) 725-0017. Law Office of Matthew A. Martin, P.C. 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.
- Different Types of Sex Crimes in CO
- Sex Offender Registry Laws in CO
- Additional Resources
Different Types of Sex Crimes 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.
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
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
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
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.
Sex Offense Attorney in Denver, Colorado
If you or someone you know has been charged with a sexually motivated crime, then look no further than Law Office of Matthew A. Martin, P.C.. 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 Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to set up your first consultation today. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including Boulder, Louisville, Lafayette, Lyons, Lakewood, Golden, Evergreen, Morrison, Englewood, and Centennial.