Sex Offense Attorney
You probably don’t need to be told that sex crimes are taken incredibly seriously in Colorado Springs and the U.S. as a whole. Not only can a single sex crime allegation threaten you with harsh penalties, but it can also cause irreparable damage to your reputation.
The consequences of a sex crime conviction are far-reaching, and this is something that can impact you for the rest of your life. This is certainly not something to be taken lightly, and you need a skilled criminal defense attorney in your corner advocating aggressively for your rights and interests.
At Anderson & Carnahan, Attorneys at Law, you can trust that our experienced sex crimes defense attorneys will do everything in their power to achieve a favorable outcome in your case. Our legal team will aggressively protect your rights and freedom inside and outside the courtroom.
If you’ve been arrested for a sex crime in the Colorado Springs area or believe you are under investigation, contact our office immediately to schedule an initial consultation.
Sex crimes in Colorado that we provide defense services for include but are not limited to:
- Sexual assault
- Child sexual assault
- Indecent exposure
- Public indecency
- Internet luring
- Child pornography
Sex Crime Laws in Colorado
The Colorado Revised Statutes divides sexual offenses into two categories: sexual contact and sexual assault.
Sexual contact refers to unwanted and unwelcome touching that is sexual in nature, or sexual battery. It includes fondling of genitals or groping. Sexual assault refers to intrusion or penetration. This includes forced copulation, rape, anal rape, and penetration with a foreign object.
The law also gives special attention when a sexual assault is perpetrated on a child. There will be harsher penalties when the victim of the assault is under the age of fifteen, and the perpetrator is at least four years older.
Colorado’s Age of Consent
The age of consent in Colorado is 17. If the victim of a sexual offense is 17 or older, there are several main issues that will be determined in the case. First, was there a sexual act between the two parties? If an act took place, did the person willingly and knowingly consent to it?
Some of the examples of “not” providing consent include:
- The victim objected to the act
- The victim was asleep or unconscious
- The victim didn’t understand the act
- The was drugged
- The victim was under the authority of the assailant, such as in a jail or hospital
Penalties for a Sexual Assault Conviction
Unlawful sexual contact is generally treated as a Class 1 Misdemeanor in Colorado, but it is also considered an “extraordinary risk crime.” This means that there is a substantial risk to society because of the crime, and the state elevates the penalties because of this assumption. The penalties for sexual contact that is treated as a misdemeanor can include:
- Fines from $500-$5,000, and/or
- Jail time of 6 months to 2 years.
However, these crimes can be elevated to felonies if the victim is compelled to submit to the contact by intimidation, threat, or force. In this case, the penalties increase to up to 8 years in prison and fines up to $500,000. If the assailant used or threatened to use a deadly weapon, the penalty increases to 5 years to life in prison.
Unlawful sexual assault is even more serious. This is always treated as a felony in Colorado. Penalties for rape or other acts of intrusion or penetration can include:
- Fines up to $750,000, and/or
- 4-12 years in prison
These penalties will be elevated if any of these aggravating factors were present:
- The victim sustained serious bodily injury,
- The victim was pregnant,
- There was use or the threatened use of a deadly weapon,
- The assailant was helped by another perpetrator,
- The victim was under the age of 14,
- The victim was 15 or 16 years old and at least 10 years younger than the assailant,
- The assailant was on bond, probation, parole, or serving time for another felony, or
- The defendant has a history of violent crime.
These factors can increase penalties to a fine of up to $1 million and up to 24 years in prison.
Sexual assault on a child is treated as a Class 4 felony in Colorado. At a minimum, penalties can include:
- Fines up to $500,000, and/or
- 2-6 years in prison.
If the assailant uses force, threatens bodily harm or death, or exhibits a pattern of abuse, this can be elevated to Class 3 felony that carries penalties of up to 12 years in prison and $750,000 in fines.
In addition to fines and prison time, a conviction for a sex offense in Colorado can lead to other consequences such as:
- Polygraph testing,
- Mandatory treatment,
- Drug testing,
- Loss of parental rights, and
- Community supervision.
Colorado’s Sex Offender Registry
Adults that are convicted of a felony sex crime must have their names and other identifying information included in the Colorado Bureau of Investigations felony sex offender registry. If you are convicted of a misdemeanor or as a juvenile, your name will not be included in this registry.
Local law enforcement agencies will also be notified when a person who is required to register fails to do so. If you don’t register as required, this could be treated as a Class 6 felony with additional penalties.
Defending Colorado Sex Crimes Charges
The best way to defend any sex offense charge is to have a skilled and experienced criminal defense attorney in your corner. If this is a case alleging sexual contact or assault, common defenses might include:
- There was no sexual contact,
- Any sexual contact was consensual, or
- You reasonably weren’t aware that the alleged victim couldn’t or didn’t consent.
Contact an Experienced Colorado Springs Sex Offenses Attorney Now
When you’re accused of something as serious as a sex crime, you need to begin working with a qualified defense lawyer as soon as possible. Not only is your freedom at stake but also your livelihood, reputation, and future.
It is inadvisable to speak with the police, submit to a polygraph exam, or provide your own representation without first consulting with an experienced criminal defense attorney that can review your case and outline your options. Contact our office now at (719) 473-9099 or reach out to us online to schedule a free initial consultation.