Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. It is normal to be frightened and overwhelmed following an arrest.
Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. Videos on Colorado Criminal Law. Statutory rape in Colorado involves sex with a person who is under the age of consent.
Depending on the age difference of the people involved, having sex with someone who is underage can lead to criminal charges. Even if no force is involved, statutory rape is prosecuted as sexual assault, which can result in felony charges and require registration as a sex offender.
In this article, our Colorado criminal defense lawyers will address:. The age of consent in Colorado is Under the law, this means that someone who is under the age of 17 cannot legally consent to have sex. Sex with someone who is under the age of consent can be a criminal offense, depending on the ages of people involved.
Sex with an underage minor could result in statutory rape charges. Statutory rape is the term for having sex with someone who is not old enough to give legal consent. This can involve rape by submission of the victim, knowledge that the victim is incapable of consent, or facilitating sexual assault by giving the victim drugs or intoxicants. In the case of statutory rape, the victim is unable to legally give consent because of their age.
In many cases, What is the dating age limit in colorado victim does not report the incident to police or law enforcement. Instead, it may be their parents, teachers, or even a jealous ex who reports statutory rape to the police.
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People charged with statutory rape may feel that the term is unfair because it conjures up images of forcible sex and labels them as a rapist. However, under Colorado law, statutory rape and forcible rape are both charged as sexual assault.
There are a couple of exceptions to statutory rape charges in Colorado, including a close-in-age exception and a marriage exception. A person who is under the age of 15 can have sex with someone who is within 4 years of their age. What is the dating age limit in colorado example, a year-old can have sex with a year-old even though the year-old is under the age of consent.
This is because the older individual is not more than 4 years older. The allowable age difference is greater for individuals older than 15, but younger than Someone under the age of 17, but older than 15, can consent to have sex with someone who is not more than 10 years older. This is a broad close-in-age exception. For example, a year-old could consent to have sex with a year-old because the older individual is not more than 10 years older.
Additionally, the crime of statutory rape does not apply to individuals who are legally married. Sex with someone under the age of consent is not a criminal offense if it occurs between spouses. These exceptions only apply to statutory rape, not other forms of sexual assault.
There is no close-in-age or marriage exception to rape or sexual assault. The penalties for statutory rape depend on a number of factors, including the age difference between the individuals involved and the defendant's criminal history. At the time of the commission of the act, if the victim is less than fifteen years of age and the actor is at least four years older than the victim, statutory rape is a class 4 felony.
At the time of the commission of the act, if the victim is at least fifteen years of age but less than seventeen and the actor is at least ten years older than What is the dating age limit in colorado victim, then the actor may be charged with a class 1 misdemeanor. A conviction for felony sexual assault requires registration as a sex offender. Your name will be entered into the Colorado Bureau of Investigation's sex offender registry.
Anyone may be able to search for felony sex offenders on a state website available to the public. A conviction for misdemeanor sexual assault will not be listed on the sex offender registry. However, the second conviction for sexual assault may result be included on the sex offender registry. A sex offender will have to register with the local chief of police or county sheriff. This includes providing their name, date of birth, address, place of employment, fingerprints, a photograph, email addresses, and instant messaging or chat room identities.
They have to re-register every year within 5 days of their birthday. They also have to re-register if they change address or begin working at an institution of higher education. Sexual assault convictions also subject the individual to lifetime supervision. Many people are surprised to learn they are charged with statutory rape because they believed the person to be over the age of consent. However, a mistake of fact is not a defense.
Even if the underage victim said they were 17, having sex with them may still be considered statutory rape. Verbal consent is not a defense to statutory rape charges. It does not matter if the underage individual wanted to have sex, agreed to have sex, or even instigated sex. No matter what the underage individual says or does, they are not legally able to consent to sex, making it a form of sexual assault.
Even if you think you do not have a chance to fight statutory rape charges, you may have a number of possible defenses in your case.
It is also the prosecutor's burden of proof to show that you are guilty beyond a reasonable doubt. Possible defenses may include showing no sexual intercourse occurred or the alleged victim is making false accusations. Your Colorado criminal defense attorney will examine the evidence, conduct an investigation of the incident, and identify all available defenses in your case. Depending on the age of the individuals involved and the type of sexual contact, statutory rape may be related to the What is the dating age limit in colorado of sexual assault on a child.
Sexual assault on a child is similar to statutory rape but does not require sexual penetration. Anyone who knowingly subjects another to any sexual contact commits sexual assault on a child if the victim is less than 15 years of age and the actor is at least 4 years older than the victim.
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Sexual assault of a child is a class 4 felony. Sexual assault of a child is a class 3 felony if they used force, threats, or threat of retaliation.
Sexual assault on a child also requires registering as a sex offender in Colorado. If you were accused of statutory rape, please contact us at Colorado Legal Defense Group. We are among the best Colorado criminal defense attorneys to call.
Contact us today for a free consultation by phone or in-person or in our Denver law office. Our attorneys want to hear your side of the story.
We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial. Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you. Colorado In-Depth It is normal to be frightened and overwhelmed following an arrest.
In this article, our Colorado criminal defense lawyers will address: What is the age of consent in Colorado?
What is statutory rape in Colorado? Are there exceptions to statutory rape charges?
To contact us, please select your state: Colorado statutory rape law is violated when an individual has sexual intercourse with an individual under age Close in age exemptions exist allowing In the United States, age of consent laws regarding sexual activity are made at the state level.
. States where the age of consent is 17 (8): Colorado, Illinois, Louisiana. The law also allows a defense if the actor is within 4 years of age of the younger person and the two were in an ongoing dating/romantic relationship.
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Under the Alaska age of consent laws, it is second degree sexual abuse 17 : Close-in-age: In Colorado, a person who is under 15 can legally consent to. We plan to review this post every six months in order to keep it up-to-date but if.
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