Statutory Rape
Statutory rape is a legal term used to describe a sexual relationship where one participant is below the age of consent, which is 17 years old in the state. The term “statutory” signifies that the crime is based on statutes, or laws, rather than on whether the minor consented to the sexual activity. Under Colorado law, individuals under the age of 17 are considered not legally capable of consenting to sexual acts with adults or individuals in certain positions of authority, making any such sexual activity a criminal offense.
Statutory rape in Colorado is prosecuted under various sexual assault statutes, and the severity of the charges can depend on several factors, including the ages of the parties involved, the age difference between them, and the specific nature of the sexual act. Here are key points to understand about statutory rape laws in Colorado.
In the following article, we’ll go over Colorado’s age of consent laws, some defenses against charges and possible penalties for sentencing under state law.
Denver Statutory Rape Defense Attorney
If you have been arrested and charged with statutory rape, it is essential to your future that you contact an experienced Denver statutory rape attorney as soon as possible.
Matthew Martin represents clients on sex crime charges throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County. Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.
To request an initial consultation call (303) 725-0017.
Information Center
- Age of Consent
- Sex Tourism
- Marriage Exception
- Penalties
- Defenses
- Strict Liability
- Additional Resources
- Hire a Statutory Rape Defense Attorney in Denver, Colorado
Age of Consent
The age of consent in Colorado is 17. Individuals 17 or older can legally consent to sexual activity with another person who is also at least 17 years old. There are some exceptions to this law, including the so-called “Romeo and Juliet” provision.
This provision, more accurately called the “Close-age provision,” allows a certain age range where sexual contact is permitted, even if one person is over the age of 17 and the other is not.
The age range is 10 years. Colorado allows for people under the age of 17 to engage in sexual activities with persons at most 10 years their senior. This means that a 15-year-old may have sex with a 25-year-old legally.
This provision stops at 14, however. Sex with a person under the age of 15 as a person 4 years older (14/18) is illegal, and a Class 6 Felony.
Colorado’s age of consent laws exist because adults generally have more authority over minors, and can more easily coerce them into sexual relations. This power dynamic is troubling and can lead to adults taking advantage of children.
Additionally, the state presumes coercion in all cases where the adult is older than the age of consent (17). This includes:
- the minor said they wanted to have sex or initiated the sex;
- you genuinely thought the minor was at least 17;
- the minor appeared to be at least 17; or
- the minor lied about being at least 17.
Sex Tourism
The practice of traveling for sex is known as sex tourism. It is a federal crime, according to 8 U.S.C § 2423(b) and (c), to cross state lines for the purposes of sex. This means that, even the age of consent is 17 in Colorado, a person may not travel to Colorado from Arizona, where the age of consent is 18, for the purpose of sex.
Marriage Exception
Colorado makes an exception for married couples, even if one of the spouses is below the age of consent. This exception is seen very rarely. Marriage between peoples under the age of 18 requires consent of their parent or guardian. Marriage, however, is a valid consent.
Penalties
The penalties associated with violating Colorado’s age of consent laws vary based on scenario. We’ll break these down below:
- Sexual assault (CRS 18-3-402) – a class 6 felony or class 4 felony depending on the case
- Sexual assault on a child (CRS 18-3-405) – a class 4 felony or class 3 felony depending on the case
- Sexual assault of a child by one in a position of trust (CRS 18-3-405.3) – a class 4 felony or class 3 felony depending on the case
- Sexual exploitation of a child (CRS 18-6-403) – a class 5 felony, class 4 felony, or class 3 felony depending on the case.
- Internet sexual exploitation of a child (CRS 18-3-405.4) – class 4 felony
- Procurement of a child for sexual exploitation (CRS 18-6-404) – class 3 felony
In addition to fines and prison time, a conviction of any of these crimes requires sex offender registration.
Defenses
There are a few defenses that lawyers may use to help you with a statutory rape cases.
Sex did not occur – Your lawyer may seek to disprove the claim that sex happened at all. This may include providing an alibi, contesting introduced evidence, and otherwise looking to prove that penetration did not occur. In some cases, young accusers may be coerced by their parents into lying to avoid punishment or responsibility.
Entrapment – FBI and other law enforcement agencies occasionally conduct internet stings to catch predators. These may result in pulling in or implicating individuals that would otherwise not be guilty of having, or attempting to have, sex with a minor. Entrapment is illegal, and a strong defense.
Strict Liability
Colorado practices strict liability, which means that deception is not a defense. Even if the minor lied about his or her age, showed a fake id, and appeared to be over the age of 18, you are still liable and prosecutable under state law.
Additional Resources
Was I assaulted – You Have the Right, a nonprofit dedicated to survivors of sexual assault, provides a detailed guide on understanding whether or not you have been sexually assaulted. There may be times where you are lied to or told to brush off certain activity; read the guide to see if your experience aligns with the guide.
Sexual Assault Evidence Testing – The links and forms below is to help agencies understand the laws regarding submissions of sexual assault evidence kits. You can also find the consent form(s) required by the statutes.
Hire a Statutory Rape Defense Attorney in Denver, Colorado
Matthew Martin represents clients on sex crime charges throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County. Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.
To request an initial consultation call (303) 725-0017.