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Sexual Assault with an Object in Colorado

Facing a charge of sexual assault with an object in Colorado is one of the most serious situations a person can encounter in the criminal justice system. This offense is prosecuted aggressively, involves highly sensitive allegations, and carries severe legal and personal consequences. Beyond potential prison time, a conviction can result in mandatory sex offender registration, loss of professional opportunities, and lifelong stigma.

Colorado Object Rape Lawyer

Because the statutes governing sexual assault with an object are both technical and severe, understanding the exact definitions and penalties under Colorado law is essential. The Law Office of Matthew A. Martin, P.C. is committed to ensuring clients fully understand the risks they face and the legal defenses that may be available.

If you or someone you love has been charged with sexual assault with an object, contact our office today. We are prepared to provide vigorous defense for individuals accused of sex crimes in Colorado.

Call (303) 725-0017 to set up your first consultation free of charge.

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Colorado Laws on Sexual Assault with an Object

Under C.R.S. § 18-3-402(1)(a), sexual assault with an object occurs when a person knowingly inflicts sexual intrusion on another person, often by using an object, without the victim’s consent. Unlike sexual contact, “sexual intrusion” includes penetration, however slight, of the genital or anal opening with any object or body part other than the mouth, tongue, or penis.

Key legal points:

  • Consent is central: the act must occur without the victim’s free and voluntary agreement.
  • Objects are broadly defined: anything used to penetrate, from everyday items to personal belongings.
  • Aggravating factors, such as the use of force, threats, victim’s age, or causing injury—can elevate penalties significantly.

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Key Elements Considered by a Jury

A jury in Colorado sexual assault with an object cases will weigh several critical questions:

  • Was Consent Present?
     Colorado law requires affirmative, voluntary consent. Silence, fear, or incapacity does not equal consent.
  • Did the Act Constitute Sexual Intrusion?
     Jurors must decide whether the penetration, however slight, meets the legal definition of sexual intrusion with an object.
  • Was Force, Threat, or Coercion Used?
     The presence of violence, threats of harm, or intimidation increases the seriousness of the offense and penalties.
  • Victim’s Age or Capacity
     If the alleged victim is under 15, or unable to consent due to intoxication, disability, or other impairment, the offense may be charged more severely.
  • Defendant’s Intent
     The prosecution must prove the act was committed knowingly and with sexual purpose.

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Penalties and Aggravating Factors for Sexual Assault with an Object in Colorado

Colorado law treats sexual assault with an object as one of the most serious sexual offenses. The penalties vary depending on the presence of aggravating factors, but all convictions carry severe consequences, including imprisonment and mandatory sex offender registration.

Basic Penalties

  • Class 4 Felony — In cases without aggravating factors, sexual assault with an object is a class 4 felony.
    • Prison Term: 2 to 8 years in the Colorado Department of Corrections
    • Fines: Up to $500,000
    • Mandatory Sex Offender Registration

Aggravating Factors

Certain circumstances elevate the crime to a more serious classification:

  • Victim Under Age 15 — If the victim is under 15 years old and the accused is at least four years older, the offense is automatically elevated.
  • Use of Force, Threats, or Intimidation — When the act involves physical force, threats of harm, or coercion, penalties increase significantly.
  • Victim’s Incapacity to Consent — If the alleged victim is unable to consent due to intoxication, unconsciousness, or disability, the offense is treated more severely.
  • Causing Bodily Injury — Acts resulting in injury to the victim trigger harsher sentencing ranges.

Elevated Penalties

  • Class 3 Felony — If aggravating factors are present (such as force, injury, or victim under 15):
    • Prison Term: 4 to 12 years in state prison (with the potential for additional years due to Colorado’s “extraordinary risk” classification)
    • Fines: Up to $750,000
    • Mandatory Sex Offender Registration

Extraordinary Risk Enhancement

Sexual assault with an object is considered an extraordinary risk crime, meaning the sentencing ranges can extend beyond the normal felony guidelines. For example, a Class 3 felony may carry up to 24 years in prison under certain circumstances.

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Defenses to Sexual Assault with an Object in Colorado

Every case is unique, but several common defenses may apply:

  • Consent
     Demonstrating that the alleged victim voluntarily agreed can be a powerful defense, though the law is strict about what counts as valid consent.
  • Mistaken Identity / False Accusations
     In some cases, the wrong person is accused, or allegations are made falsely. Challenging witness credibility, highlighting inconsistencies, or providing alibi evidence can be decisive.
  • No Sexual Intrusion Occurred
     The defense may argue the alleged act did not involve penetration as defined by Colorado law.
  • No Knowledge or Intent
     The prosecution must prove the accused acted knowingly and with sexual intent. Without clear evidence, this element may fail.
  • Constitutional Violations
     If evidence was obtained through unlawful searches, coerced statements, or due process violations, the defense can move to exclude such evidence.

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Role of a Denver Sexual Assault Defense Attorney

The stakes in sexual assault with an object cases are exceptionally high. An experienced defense attorney will:

  • Investigate Thoroughly
     Reviewing police reports, forensic evidence, and witness statements to identify weaknesses in the prosecution’s case.
  • Challenge Critical Elements
     Questioning whether the act met the definition of sexual intrusion, whether consent was absent, or whether identity was established.
  • Protect Against Severe Penalties
     Working to avoid sex offender registration, reduce charges, or achieve dismissal where possible.
  • Guide Clients with Compassion
     Sexual assault allegations are overwhelming. A skilled attorney provides steady guidance through every stage of the legal process.

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Frequently Asked Questions

What is sexual assault with an object in Colorado?
 It is the knowing penetration, however slight, of another person’s genital or anal opening with an object, without consent.

What are the penalties?
 Depending on circumstances, the offense ranges from a Class 4 felony (2–8 years in prison) to a Class 3 felony (4–12 years in prison), with fines and mandatory sex offender registration.

Does it always require sex offender registration?
 Yes. A conviction almost always requires registration, with severe long-term consequences.

Can charges be dismissed?
 Yes, if defenses such as consent, mistaken identity, or lack of intent are successful, or if constitutional violations undermine the evidence.

Why hire a lawyer?
 The risks include long prison terms, registration, and permanent stigma. A defense attorney can challenge evidence, protect rights, and fight for the best possible outcome.

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Resources

Colorado Revised Statutes § 18-3-402 – Sexual Assault – Provides the full statutory definition of sexual assault in Colorado, including sexual intrusion with an object, penalty classifications, and aggravating factors.

Denver Victim Assistance Unit – This source describes the Victim Assistance Unit of the Denver Police Department. It explains available support for victims of crimes, including crisis intervention and advocacy services. It also provides information about the Colorado Victims Rights Act, victim resources, and notification services for individuals affected by crimes.

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Hire a Sexual Assault Defense Attorney in Denver, Colorado

If you are facing allegations of sexual assault with an object, the consequences can be life-changing. Do not face this alone. Call (303) 725-0017 today to schedule a free consultation with the Law Office of Matthew A. Martin, P.C.

We represent clients throughout the Denver area, including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.