“Date rape” refers to non-consensual sexual contact or penetration that occurs between individuals who know each other, often in a social or dating context. Unfortunately, date rape commonly involves friends, romantic partners, acquaintances, or co-workers. It may involve alcohol, drugs, or coercion.
Denver Lawyer for Date Rape Charges
If you are facing accusations of sexual assault in a dating or social context, do not take these charges lightly. A conviction can lead to prison time, sex offender registration, and a permanent criminal record. Prosecutors aggressively pursue these cases, even when evidence is weak or based on conflicting statements. Do not speak to law enforcement without legal representation.
Your future is too important to risk—don’t face these serious charges alone. Contact Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County.
Table of Contents
- Overview of Date Rape
- Relevant Laws
- Penalties
- Defenses
- Frequently Asked Questions
- Hire a Lawyer for Date Rape Accusations
Statutory Definition
Colorado law does not have a specific statute for “date rape.” Instead, prosecutors use existing sexual assault laws to prosecute these cases. The circumstances of the incident determine which statute applies.
Relevant Colorado Laws for Date Rape Cases
Sexual Assault (CRS 18-3-402)
The primary statute used in date rape cases is Sexual Assault (CRS 18-3-402), which criminalizes sexual penetration under certain conditions. These include:
- Lack of consent – If the victim did not voluntarily agree to the sexual act.
- Use of force or threats – If the accused used violence, threats, or intimidation.
- Incapacitation – If the victim was too intoxicated, drugged, unconscious, or otherwise unable to resist or understand the situation.
Sexual assault is a Class 3 felony when it involves force, threats, or incapacitation, carrying a sentence of 4 to 12 years in prison and mandatory sex offender registration.
Sex Assault on a Physically Helpless Victim (CRS 18-3-402(4))
If the victim was unconscious or too intoxicated to consent, prosecutors may charge the accused under CRS 18-3-402(4). This applies when:
- The accused knew or should have known the victim was physically unable to resist.
- The victim was asleep, passed out, or drugged, making them incapable of giving consent.
Many date rape cases involve alcohol or drugs, making this statute particularly relevant.
Unlawful Sexual Contact (CRS 18-3-404)
Not all date rape cases involve penetration. If unwanted sexual touching occurs instead of intercourse, the accused may face charges under Unlawful Sexual Contact (CRS 18-3-404).
This law applies if:
- The victim was incapacitated due to alcohol or drugs.
- The accused used coercion or threats to engage in sexual touching.
This offense is typically a Class 1 misdemeanor but can be a felony in certain cases, especially if force or intoxication is involved.
Drug-Facilitated Sexual Assault (CRS 18-3-402(3))
Using drugs or alcohol to intentionally impair someone’s ability to resist or consent is a serious felony offense in Colorado. This includes:
- Spiking drinks with substances like Rohypnol or GHB.
- Giving excessive alcohol or drugs to make a victim more vulnerable.
Convictions under this statute can lead to years in prison and mandatory sex offender registration.
Consent and Date Rape Cases
A key issue in date rape cases is consent. Under Colorado law:
- Consent must be voluntary, conscious, and clear.
- Silence, passivity, or a previous relationship does not equal consent.
- A person cannot legally consent if intoxicated, unconscious, or under duress.
Many defendants claim they believed the victim consented, but prosecutors will argue that intoxication, fear, or coercion negated valid consent.
Penalties for Date Rape Convictions
Colorado takes date rape cases seriously, with penalties that could include:
- Prison time (2 to 12 years for felony sexual assault)
- Lifetime sex offender registration
- Fines up to $750,000
- Mandatory sex offender treatment and parole restrictions
A full schedule may be found below.
| Offense | Felony Class | Prison Sentence | Fines | Parole Period |
|---|---|---|---|---|
| Sexual Assault with Force | Class 3 Felony | 4-12 years | $3,000 – $750,000 | 5 years |
| Sexual Assault on an Incapacitated Victim | Class 4 Felony | 2-6 years | $2,000 – $500,000 | 3 years |
| Unlawful Sexual Contact (With Force or Incapacitation) | Class 4 Felony | 2-6 years | $2,000 – $500,000 | 3 years |
Convicted individuals must also register as sex offenders, attend mandatory treatment programs, and face long-term restrictions on employment and residency.
Defenses to Date Rape Charges
Date rape cases often lack witnesses or physical evidence, making them difficult to prosecute and defend. Common defenses include:
- Consent Defense – The accused argues that the sexual encounter was consensual and that no coercion, force, or incapacity was involved.
- False Accusations – The alleged victim may have fabricated the claim due to regret, revenge, or personal conflicts.
- Lack of Evidence – Without physical evidence, the case may rely on contradictory statements or unreliable testimony.
- Mistaken Identity – If intoxication was involved, the alleged victim may have misidentified the perpetrator.
Frequently Asked Questions
Does Colorado have a specific law for “date rape”?
No, Colorado does not have a specific statute for date rape. Instead, prosecutors charge these cases under sexual assault laws (CRS 18-3-402) or unlawful sexual contact (CRS 18-3-404) when the alleged victim claims they did not consent due to force, coercion, or intoxication.
Can I be charged with sexual assault if the other person was drunk?
Yes. Under Colorado law, a person cannot legally consent to sexual activity if they are too intoxicated, unconscious, or otherwise incapacitated. If prosecutors believe you engaged in sexual contact while the other person was unable to consent, they may file felony sexual assault charges.
What if the accuser gave consent at the time but later regretted it?
Consent given at the time of the encounter is valid consent under the law. However, accusations often arise after the fact when one party regrets the encounter or feels pressured by external influences. If you are accused, you need a strong defense to prove that consent was given and that no coercion or incapacity was involved.
What if the accusation is false?
False accusations do happen, often due to misunderstandings, personal conflicts, or ulterior motives. Prosecutors may still pursue charges, even with weak evidence. A skilled defense attorney can challenge inconsistent statements, lack of physical evidence, and unreliable testimony to fight the charges.
Should I talk to the police if I’m accused?
No. Anything you say to law enforcement can and will be used against you. Many people believe they can “clear up a misunderstanding” by explaining their side, but this often leads to self-incrimination. Always consult with an attorney before speaking to the police.
Can I be arrested if no physical evidence exists?
Yes. Date rape cases often rely on he-said, she-said testimony, and an arrest can occur based on an accusation alone. However, lack of physical evidence makes it harder for the prosecution to prove guilt beyond a reasonable doubt. A strong legal defense can highlight these weaknesses.
How can a defense attorney help me fight a date rape charge?
A defense attorney will:
- Investigate the accuser’s claims for inconsistencies and motives.
- Gather witness testimony and evidence to support your side.
- Challenge forensic or toxicology reports that suggest incapacitation.
- Negotiate with prosecutors to reduce or dismiss charges if the case is weak.
The right legal strategy can mean the difference between an acquittal, a reduced charge, or a conviction.
How long do I have to respond to a date rape accusation?
If law enforcement contacts you, act immediately. Do not wait for formal charges to be filed—early legal intervention can prevent misunderstandings from escalating into criminal charges.
Hire a Lawyer for Date Rape Charges in Denver, CO
Sexual assault allegations can ruin lives, even without a conviction. If you have been accused of date rape, you need an experienced defense attorney who will fight to protect your rights and challenge weak or misleading evidence. Every case has two sides—make sure yours is heard.
Call now to discuss your defense strategy and take control of your future. Contact Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County.