Victim Claims in Sexual Assault Cases

Any victim who claims that he or she has been assaulted is likely to be taken seriously even if you believe the charges are bogus. This is why being accused should immediately prompt you to hire an attorney to represent your interests.

It is very important for a person who has been accused of sexual assault in Colorado to understand how any of the following situations affecting a victim can ultimately lead to a conviction of sexual assault. Many people are under the impression that sexual assault means a very restrictive definition, but this is not always true, and this can make it very hard to fight back when a victim brings forward brings forward a seemingly legitimate claim of sexual assault. A defendant can be convicted in Colorado of sexual assault if any one of the following aspects are true about the victim:

  • The victim was confined to a prison, jail, hospital or another facility in which the defendant used their authority in that particular situation to coerce the victim into sexual contact.
  • The victim is sleeping, unconscious, inebriated or otherwise unable to give consent.
  • The victim is not able to interpret or understand sexual contact, either due to their mental abilities or their current age.
  • If the victim is 15 years old or even younger and the accused is 4 years or older and isn’t married to the victim.
  • The victim is between 15 and 17 years old and the accused is at least a decade older and not married to the victim.

Unfortunately, sexual assault and rape come with serious sentencing and penalty issues. Sexual assault and rape in Colorado can range all the way from a class 1 misdemeanor to a class 2 felony, based on the individual circumstances of the crime. Most of those crimes are subject to indeterminant sentencing. If you have already been accused of committing a crime like this in Colorado and need help with your legal rights, schedule a consultation with a lawyer today to learn more.