Sexual Assault in Colorado
The attorneys at Rights & Liberties Law Firm are experienced sexual assault attorneys in Colorado who defend people charged with sexual assault and sex related crimes.
Sexual assault and related offenses are defined in C.R.S. Title 18, Article 3, and include a range of conduct involving non-consensual sexual contact, sexual penetration, and offenses involving minors or abuse of trust. Below is a summary of the key statutes, penalties, elements of sexual assault related offenses, and available defenses.
Colorado Sexual Assault Statute C.R.S. § 18-3-402
Sexual Assault is defined in C.R.S. § 18-3-402 defines sexual assault as follows:
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a) The actor causes sexual intrusion or sexual penetration knowing the victim does not consent; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
(2) Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4), and (5) of this section.
(3) If committed under the circumstances of subsection (1)(e) of this section, sexual assault is a class 6 felony. Notwithstanding any other provision of law, a person convicted of subsection (1)(e) of this section is eligible to petition for removal from the registry in accordance with section 16-22-113 (1)(b).
(3.5) Sexual assault is a class 3 felony if committed under the circumstances described in paragraph (h) of subsection (1) of this section.
(4) Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:
(a) The actor causes submission of the victim through the actual application of physical force or physical violence; or
(b) The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats; or
(c) The actor causes submission of the victim by threatening to retaliate in the future against the victim, or any other person, and the victim reasonably believes that the actor will execute this threat. As used in this paragraph (c), ”to retaliate“ includes threats of kidnapping, death, serious bodily injury, or extreme pain.
(d) The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission.
(5)
(a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist:
(I) In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or
(II) The victim suffers serious bodily injury; or
(III) The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.
(b)
(I) If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence the defendant in accordance with section 18-1.3-401 (8)(e). A person convicted solely of sexual assault pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section 18-1.3-406 (2). Any sentence for a conviction under this subsection (5) shall be consecutive to any sentence for a conviction for a crime of violence under section 18-1.3-406.
(II) The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.
(6) Any person convicted of felony sexual assault committed on or after November 1, 1998, under any of the circumstances described in this section shall be sentenced in accordance with the provisions of part 10 of article 1.3 of this title.
(7) A person who is convicted on or after July 1, 2013, of a sexual assault under this section, upon conviction, shall be advised by the court that the person has no right:
(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;
(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;
(c) Of inheritance from a child conceived as a result of the commission of that offense; and
(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.
Possible Penalties for Sexual Assault in Colorado
If you’ve been charged with a sex offense in Colorado the consequences are serious and you need to hire an attorney to defend you. Below is a brief overview of the possible penalties a person accused of sexual assault is likely to face in Colorado. You will need to consult an attorney to specifically evaluate which statues and possible penalties apply to your case.
Statute
18-3-402(1)(a)
Sexual Assault
18-3-402(1)(b)
Sexual Assault
18-3-402(1)(c)
Sexual Assault
18-3-402(1)(d)
Sexual Assault
18-3-402(1)(e)
Sexual Assault
18-3-402(1)(f)
Sexual Assault
18-3-402(1)(g)
Sexual Assault
18-3-402(1)(h)
Sexual Assault
18-3-402(4)
F3 Sexual Assault
18-3-402(5)
F2 Sexual Assault
Knowingly Inflicts Sexual Intrusion/Penetration
Calculatedly cause submission against will
Knowingly Inflicts Sexual Intrusion/Penetration
Knowing V incapable appraising nature
Knowingly Inflicts Sexual Intrusion/Penetration
D knows V believes D is spouse
Knowingly Inflicts Sexual Intrusion/Penetration
V <15, D 4 yrs older, not spouse
Knowingly Inflicts Sexual Intrusion/Penetration
V 15-17, D 10 yrs older, not spouse
Knowingly
Inflicts Sexual Intrusion/Penetration
V i/c, D abuses authority to coerce
Knowingly
Inflicts Sexual Intrusion/Penetration
Ruse of medical service
Knowingly
Inflicts Sexual Intrusion/Penetration
V physically helpless, no consent
18-3-402(1)(a-h) PLUS
Cause submit by force/violence; or
Cause submit by threat SBI/kidnap/etc.; or
Impair V by drug w/o consent;
18-3-402(1)(a-h) PLUS
Physically aided/abetted by another; or
V suffers SBI; or
Uses DW/article to cause submission
Presumptive Range
F4 – Indeterminate
2-Life DOC
10-Life Prob.
F4 – Indeterminate
2-Life DOC
10-Life Prob.
F4 – Indeterminate
2-Life DOC
10-Life Prob.
F4 – Indeterminate
2-Life DOC
10-Life Prob.
M1
6-24 mo. Jail
0-5 yrs Prob.
F4 – Indeterminate
2-Life DOC
10-Life Prob.
F4 – Indeterminate
2-Life DOC
10-Life Prob.
F3 – Indeterminate
4-Life DOC
20-Life Prob.
F3 – Indeterminate
4-Life DOC
20-Life Prob.
F2 – Indeterminate
16-Life DOC
Notes
F5 Attempt is Determinate
F5 Attempt is Determinate
F5 Attempt is Determinate
F5 Attempt is Determinate
5 yr S.o.L.
F5 Attempt is Determinate
F5 Attempt is Determinate
See Sex CoV
F4 Attempt is Indeterminate
Mand. DOC; Consec to any CoV
Statute
(Click Links Below To See Penalties)
18-3-402(1)(a)
Sexual Assault
18-3-402(1)(b)
Sexual Assault
18-3-402(1)(c)
Sexual Assault
18-3-402(1)(d)
Sexual Assault
18-3-402(1)(e)
Sexual Assault
18-3-402(1)(f)
Sexual Assault
18-3-402(1)(g)
Sexual Assault
18-3-402(1)(h)
Sexual Assault
18-3-402(4)
F3 Sexual Assault
18-3-402(5)
F2 Sexual Assault
Possible Penalties
Elements
Knowingly Inflicts Sexual Intrusion/Penetration
Calculatedly cause submission against will
Presumptive Range
F4 – Indeterminate
2-Life DOC
10-Life Prob.
Notes
F5 Attempt is Determinate
Elements
Knowingly Inflicts Sexual Intrusion/Penetration
Knowing V incapable appraising nature
Presumptive Range
F4 – Indeterminate
2-Life DOC
10-Life Prob.
Notes
F5 Attempt is Determinate
Elements
Knowingly Inflicts Sexual Intrusion/Penetration
D knows V believes D is spouse
Presumptive Range
F4 – Indeterminate
2-Life DOC
10-Life Prob.
Notes
F5 Attempt is Determinate
Elements
Knowingly
Inflicts Sexual Intrusion/Penetration
V <15, D 4 yrs older, not spouse
Presumptive Range
F4 – Indeterminate
2-Life DOC
10-Life Prob.
Notes
F5 Attempt is Determinate
Elements
Knowingly
Inflicts Sexual Intrusion/Penetration
V 15-17, D 10 yrs older, not spouse
Presumptive Range
M1
6-24 mo. Jail
0-5 yrs Prob.
Notes
5 yr S.o.L.
Elements
Knowingly
Inflicts Sexual Intrusion/Penetration
V i/c, D abuses authority to coerce
Presumptive Range
F4 – Indeterminate
2-Life DOC
10-Life Prob.
Notes
F5 Attempt is Determinate
Elements
Knowingly
Inflicts Sexual Intrusion/Penetration
Ruse of medical service
Presumptive Range
F4 – Indeterminate
2-Life DOC
10-Life Prob.
Notes
F5 Attempt is Determinate
Elements
Knowingly
Inflicts Sexual Intrusion/Penetration
V physically helpless, no consent
Presumptive Range
F3 – Indeterminate
4-Life DOC
20-Life Prob.
Elements
18-3-402(1)(a-h) PLUS
Cause submit by force/violence; or
Cause submit by threat SBI/kidnap/etc.; or
Impair V by drug w/o consent;
Presumptive Range
F3 – Indeterminate
4-Life DOC
20-Life Prob.
Notes
See Sex CoV
F4 Attempt is Indeterminate
Elements
18-3-402(1)(a-h) PLUS
Physically aided/abetted by another; or
V suffers SBI; or
Uses DW/article to cause submission
Presumptive Range
F2 – Indeterminate
16-Life DOC
Notes
Mand. DOC; Consec to any CoV
Other Collateral Consequences and Sentencing Considerations in Sex Cases
Sex Offender Registration – C.R.S. § 16-22-103
Under Colorado law, the following offenses require mandatory sex offender registration:
- Any conviction for an “unlawful sexual offense” as defined in C.R.S. § 18-3-411(1)
- Enticement of a child (§ 18-3-305)
- Internet luring of a child (§ 18-3-306)
- Attempts, conspiracies, or solicitations to commit any unlawful sexual offense
- Non-sex offenses with a factual basis involving unlawful sexual behavior (USB)
Note: Offenses with an unlawful sexual basis factual basis may require registration even if the conviction is not for a sex crime. However, such offenses may not be sentenced under the Lifetime Supervision Act (LSA).
Sexual Offenses as Crimes of Violence – C.R.S. § 18-1.3-406
Sexual offenses may be classified as Crimes of Violence (CoV) if:
- The defendant used or threatened use of a deadly weapon
- The defendant caused serious bodily injury or death
- The offense involved force, threat, or intimidation
This triggers mandatory sentencing from the midpoint of the presumptive range to the statutory maximum or life.
Extraordinary Risk Crimes – C.R.S. § 18-1.3-401(10)
Sexual offenses may also be designated as extraordinary risk crimes, which increase the maximum sentence. This includes:
- Any crime of violence
- Invasion of privacy for sexual gratification (§ 18-3-405.6)
Indeterminate Sentencing – C.R.S. § 18-1.3-1004
Under the Colorado Sex Offender Lifetime Supervision Act (LSA):
- Convictions for certain felony sexual offenses require indeterminate sentencing:
Minimum = Midpoint of presumptive range; Maximum = Life - Applies to:
- Sexual assault (§ 18-3-402)
- Sexual assault on a child (§ 18-3-405)
- Sexual assault on a child by one in a position of trust (§ 18-3-405.3)
- Habitual Sex Offender Against Children (§ 18-3-412):
Mandatory sentence = 3x maximum to life - Discretionary Indeterminate Sentencing (§ 18-1.3-1004(4)(a)):
Court may impose indeterminate sentence if assessment shows likelihood of future sexual offenses against strangers or groomed victims.
Defenses to Sexual Assault in Colorado
General Denial
The prosecution cannot prove every element beyond a reasonable doubt.
Consent
The defendant reasonably believed the sexual contact was consensual.
Mistaken Identity
The defendant was not the person who committed the offense.
Alibi
The defendant was elsewhere at the time of the alleged offense.
False Allegation
The accusation was fabricated or motivated by bias, revenge, or misunderstanding.
Lack of Sexual Contact
No sexual contact or penetration occurred.
Mental State
The defendant lacked the intent or knowledge required to commit the offense.
Alternate Suspect
Someone other than the defendant committed the offense.
Statute of Limitations for Indecent Exposure in Colorado
- No Statute of Limitations for sexual assault involving victims under 18 or where DNA evidence identifies the perpetrator.
- 20 Years for most felony sexual assault cases involving adult victims.
- 10 Years for unlawful sexual contact (misdemeanor), unless DNA evidence is available.
Contact Colorado’s Sexual Assault Defense Attorneys at Rights & Liberties Law Firm
If you’ve been charged with sexual assault or another sex offense the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
- The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
- The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
- The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
- The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
- The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
- If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
- If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.