Rape2018-11-19T11:23:18+00:00

Colorado Springs Felony Rape Defense Attorneys

Sexual assault charges in Colorado describe charges resulting from an act of rape or non-consensual sex. Intimidation of the victim is usually a factor and may come in the form of physical force or threats of physical force or violence. Other types of threats may also play a role in intimidating the victim both into acquiescing or not reporting the sex crimes.

Any sexual assault charge is a serious problem for the accused. Even if you have yet to be charged, simply being accused of sexual assault can have a devastating effect on your life. It is absolutely vital that you engage a Colorado Springs criminal defense attorney if you have any reason to believe that you will be charged with any type of sexual assault. Simply being innocent does not mean that you will be able to avoid the consequences of such a charge.

Understanding Basic Consent

One of the basic premises of sexual assault is that it occurs without the victim’s consent. The colloquial understanding of “consent” is the action by which an individual permits something to occur. How this is legally determined to have occurred (or not) varies depending on many different factors. These factors will also influence, in the event of a conviction, the degree of legal consequences the convicted will face. These consequences could include up to two decades in prison and fines of millions of dollars. Repeat offenses lead to compounded punishments.

It’s important to note that “consent” does not simply mean “not saying no.” Consent should be enthusiastic and positive. If a victim says yes due to fear, or is too intimidated to verbalize their non-consent, a sexual assault has taken place, whether or not the victim ever specifically said no.

Date Rape

Date rape is a general term. It’s used to describe circumstances of sexual assault in which the perpetrator and the victim know one another and may have a current romantic or platonic relationship. In this situation, a level of trust has been established between the victim and the perpetrator which the perpetrator takes advantage of in order to commit sexual assault against the victim.

Statutory Rape

Consent is not the only element in sexual assault charges. Age also plays a factor, because minors are not considered able to consent, legally speaking. Statutory rape is sexual assault against a child under the age of 17, by an adult, regardless of the other circumstances surrounding the event.  A 16-year-old girl, for example, cannot legally to consent to sex with her 20-year-old boyfriend. No matter how enthusiastic her consent, he could be charged with statutory rape. Children are more vulnerable than adults. This understanding of the law helps to protect them from consenting to things which they should not be experiencing.

Alcohol and Drug Use

There are other factors which influence an individual’s ability to consent to sex legally. For example, being mentally, psychologically, or physically impaired by the use of drugs or alcohol can mean that a person cannot consent to sex. An alleged perpetrator can be charged despite the fact that the victim may have seemed willing. If the perpetrator contributed to the victim’s intoxication, further charges might be possible, and the legal consequences will be compounded as well.

Colorado Penalties for Rape Charges

The penalties for a conviction will vary a great deal depending on the exact charges and the circumstances of the alleged incident. There are several different felony levels that the accused could be charged with, each carrying their own range of punishments:

-Class 2 felony rape charges carry up to 48 years in prison and fines up to $1 million.
-Class 3 felony charges carry up to 24 years in prison, and fines up to $750,000, and mandatory parole.
-Class 4 felony charges carry up to 12 years in prison and up to $500,000 in fines.

Any of these charges can result in being added to the sex offender registry list.

The stakes are extremely high for someone accused of rape. It’s vital that these allegations are faced with a strong, experienced, engaged criminal defense attorney at your disposal. Here at Anaya McKedy, we are fully dedicated to providing every single one of our clients with a robust defense.