Being arrested for a crime involving any form of sexual misconduct, sexual assault, unlawful sexual behavior or pornography is likely one of the most life-changing events a person could experience. Anyone charged with a violation of the law that qualifies as a sex related offense should consult with an attorney to determine if a crime has even occurred. There are many situations in which an alleged victim will make false allegations and file false police reports. Any person that is charged with a crime in Colorado that is considered a sex offense, sex assault, unlawful sexual behavior, pornography, a sex offense involved with the internet and a child (depending on the age of the child and the defendant) etc. should immediately consult with a criminal defense attorney who is knowledgeable and experienced in this area of law.
In many situations the person who is accused of a sex crime that does not seek immediate legal advice ends up speaking to the police, law enforcement, District Attorney’s office etc., and in doing so provides information that will be used as evidence against them in a court of law.
If you or someone you know has been charged with a type of sex crime, it’s imperative you seek legal representation. You can hire an attorney to assist you with this legal process. They can then suppress evidence, find corroborating witnesses and do whatever it takes to reduce or dismiss your charges.
Defense Lawyer for Sex Crimes in Colorado Springs, CO
Have you recently been accused of rape or any other sex crime in the Colorado Springs area? If so, it’s crucial you get in contact with a qualified defense lawyer. Speak to a skilled sex crimes attorney by calling Law Offices of Clifton Black, PC. Our legal team has represented numerous people accused of sex crimes including:
- Sexual Assault;
- Online Solicitation with a Minor;
- Enticement of a Child;
- Sexual Exploitation of a Child;
- Sexual Assault on a Child;
- Internet Luring of a Child;
- Internet Sexual Exploitation of a Child;
- Indecent Exposure; and
- Unlawful Sexual Contact
In many situations the person who is accused of a sex crime that does not seek immediate legal advice ends up speaking to the police, law enforcement, District Attorney’s office etc., and in doing so provides information that will be used as evidence against them in a court of law.
If you or someone you know has been charged with a type of sex crime, it’s imperative you seek legal representation. You can hire an attorney to assist you with this legal process. They can then suppress evidence, find corroborating witnesses and do whatever it takes to reduce or dismiss your charges.
Call us now at the Law Offices of Clifton Black, PC to set up a free consultation. We will answer all your legal questions and provide guidance on what to do next. Law Offices of Clifton Black, PC represents people accused of sex offenses throughout the greater Colorado Springs area including Calhan, Fountain and Manitou Springs.
Types of Sex Crimes in Colorado
Any crime involving unlawful sexual behavior is considered a sex crime in Colorado. The offense can range between unwanted touching to a full-on sexual assault. The consequences for these crimes depend on the circumstances surrounding the offense. Listed below are the elements and penalties of common sex offenses in Colorado.
Sexual Assault
Subjecting another person to unwanted sexual penetration or intrusion without their consent is sexual assault. The crime is also known as rape in popular culture. Sexual intercourse or penetration is considered to be assault if:
- The act was done without the victim’s consent;
- The victim was incapable of giving their consent;
- The victim submitted to the act on accident because they believed it was their spouse;
- You are in a position of supervisory or disciplinary authority while the victim was in custody of law enforcement, hospital or other institution;
- The act was disguised as a medical service or examination but was really an assault;
- The victim was physically helpless and unable to consent
Sexual assault without the use of force is a class 4 felony, which is punishable by:
- Up to 8 years in prison; and
- A fine of up to $500,000
If the assault involved any of the following, the crime is elevated to a class 3 felony:
- Threatening with physical force or violence;
- Drugging the victim without their consent;
- Threatening the victim with imminent death, serious bodily injury, extreme pain or kidnapping; or
- Threatening future retaliation against the victim or anyone they know
The term “retaliation” in this context refers to the crime of kidnapping, death, extreme pain or serious bodily injury. A class 3 felony can result in:
- Up to 16 years in prison; and
- A fine of up to $750,000
The crime is elevated to a class 2 felony if you did any of the following:
- Had one or more persons assisting with the sexual assault;
- Was armed or appeared to be armed with a deadly weapon; or
- The victim suffered serious bodily injury because of the assault
The penalties for a class 2 felony include:
- Up to 24 years in prison; and
- A fine of up to $1,000,000
Using or threatening to use a deadly weapon will escalate a sexual assault into a crime a violence. This means your maximum prison sentence will be longer. As a result, the penalties for a violent sexual assault are:
- Up to life in prison with a minimum of 16 years; and
- A fine of up to $1,000,000
Statutory Rape
In Colorado, the age of consent is 17 years old. However, when a minor or a young adult is involved the law focuses on the age difference between the two. If someone is 15 or 16 years old, you cannot be more than four years older than them to have a legal sexual relationship.
For example, if you are 20 years old and someone you’re sexually interested is 15 years old, you could be charged with statutory rape if you have a sexual relationship. Statutory rape is a class 1 misdemeanor, which is punishable by:
- Up to 2 years in jail; and
- A fine of up to $5,000
Sex Crimes Against Children
Sexual crimes involving children have much harsher penalties. The victim must be less than 15 years old and you must be at least four years older than the victim for the act to be considered a sexual assault. Sexual assault against a child is a class 4 felony, which can result in:
- Up to 8 years in prison; and
- A fine of up to $500,000
If any of the following apply to the crime, the penalties are enhanced to a class 3 felony.
- Force was involved in the sexual assault;
- Threats of imminent death, extreme pain, kidnapping or serious bodily injury were used against the victim or someone they know;
- Threats of future retaliation were used against the victim or someone they know; or
- The act was a part of a pattern of sexual abuse
If any of these factors are present in the crime, your penalties will increase to:
- Up to 12 years in prison; and
- A fine of up to $750,000
What Does Colorado Define as a Sexually Violent Predator?
Colorado defines some offenders as “sexually violent predators” because of the severity of their crimes. Title 18 Article 3 Part 4 of the Colorado Revised Statutes defines a sexually violent predator as:
- A person 18 years or older or is a minor but was tried as an adult;
- Has been convicted on or after July 1, 1999 of one of the following crimes:
- Sexual assault in the first degree;
- Sexual assault in the second-degree;
- Unlawful sexual contact;
- Sexual assault on a child;
- Sexual assault on a child in position of trust;
- The victim was a stranger to you, or you established a relationship solely to sexually victimize them; AND
- Based on a risk assessment screening the Colorado Bureau of Investigation (CBI) you’re likely to commit more sexual offenses in the future
Additional Consequences for Sex Crimes in Colorado
The State of Colorado has created indeterminate sentencing for persons that are convicted of various offenses that are defined as sexual assault or are sexual violations. Basically, this means that if a person is convicted and sentenced to prison / Department of Corrections, for some sexual offenses, the person could spend up to their natural life in prison / Department of Corrections.
If the judge or the State of Colorado (generally the probation officer, Department of Corrections, sex offender treatment providers) determines that the defendant has not been rehabilitated or is a threat to society, the person can be forced to stay in the prison system for additional years and up to the rest of his / her natural life.
Similarly, the State of Colorado has laws that require up to lifetime supervision, otherwise known as probation, for defendants who are convicted of various sex offenses and crimes. The alleged sex offender may be required to be on probation for the rest of his/her natural life. Probation may require sex offender classes, sex offender treatment, and sex offender registration.
A conviction could possibly mean expensive fines and even prison time, but these aren’t the only consequences. The judge may put additional conditions on your sentencing as a punishment. Some of these include:
- Loss of custody or parental rights;
- You cannot have inheritance rights from a child conceived from a sex crime;
- The court will give you no right to object, or even be notified of the adoption of any child conceived from a sexual offense;
- Community supervision;
- Mandatory therapy and treatment; and
- Mandatory drug testing
Colorado Required Sex Offender Registration
If you’ve been convicted of a felony-level sex crime, you may be court ordered to register with the Colorado Bureau of Investigation’s sex offender database. Sex offender registration requires the person to register as a sex offender with the local police department. Information on persons registered as a sex offender because of sex crime is assessable to the general public. This allows anybody including co-workers, neighbors, family and friends to be able to view the names of persons convicted of any sex related offense on the sex offender registration list. People convicted of misdemeanor sex crimes or juvenile sex offenses will not have their name displayed.
You will be required to enter the following information if asked to register:
- Name and sex offender status;
- Address;
- Date of birth;
- Physical description and picture;
- List of convicted crimes and date of conviction;
- Identification as a sexually violent predator; and
- Details of any predatory habits otherwise known as modus operandi information
After you’ve submitted the information above, CBI will then add you to their public registry. Your personal information and crimes will be online for the general public to find. You may even be required to disclose your status to your community every time you move.
Failing to register is a crime and can result in a class 6 felony, which is punishable by:
- Up to 18 months in prison; and
- A fine of up to $100,000
Additional Resources
RAINN – Visit the official website of the Rape, Abuse and Incest National Network (RAINN) to learn more about their hotline and available resources for victims. Use their site to learn more about Colorado sex offense laws and how RAINN hopes to reduce sex crimes across the nation.
Colorado Sex Crime Laws – Visit the official website of the Colorado Revised Statutes to learn more about their sex offense legislation. Access their site to learn more about other sex crimes such as unlawful sexual contact, invasion of privacy for a sexual reason and sexual exploitation of a child online.
Sex Crimes Attorney in El Paso County, CO
If you or someone you know has been charged with a sex offense in the Colorado Springs area, it’s important you have strong legal representation. A sex crime has devastating consequences and can lead to issues obtaining employment or housing in the future.
Call the attorneys at Law Offices of Clifton Black, PC to discuss your legal options. Our defense lawyers are experienced in defending sex crimes. No case is too big or complicated for us. Contact Law Offices of Clifton Black, PC now at (719) 328-1616 to set up a consultation.
Call the Law Offices of Clifton Black, PC today
Are you facing criminal charges in Colorado? Don’t navigate the complex world of criminal law alone. Call the Law Offices of Clifton Black, PC today to schedule a comprehensive consultation with an experienced Criminal Defense attorney. Our attorneys are here to help you with invaluable guidance to protect your rights, defend your freedom, and fight for the most favorable outcome.
- Discover Expertise: You can trust that our attorneys, with over decades of experience, will defend your rights to achieve the best outcome.
- Personalized Guidance: Every case is unique. Request a consultation to discuss your specific situation and gain personalized legal advice tailored to your needs.
- Trusted Representation: The Law Offices of Clifton Black, PC is dedicated team of legal professionals here to stand by your side, offering steadfast representation throughout your legal journey.
Take Action Now: Your future deserves the best defense. Call (719) 328-1616 today and take the first step towards a stronger, more informed legal defense.