Greeley Felony Sexual Assault Lawyer
Sexual Assault vs. Incest, What is the Difference?

How do Greeley police differentiate Incest and Sexual Assault charges? Incest is between family & Sex Assault is forced, but what about when they co-occur?

In Greeley, Colorado, in cases of Incest and Sexual Assault, it can be confusing on the differences between these Sex Crimes. Hopefully, our explanation below will help clear up confusion  regarding these sex crimes.

What is Sexual Assault, C.R.S. 18-3-402, in Weld County?

In Weld County, Sexual Assault, C.R.S. 18-3-402, is:

Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim, without permission.

This is more widely known as rape. When an accusation of Sexual Assault is made, the defendant faces a felony charge and indeterminate sentencing. Indeterminate sentencing is when an inmate has to serve a minimum sentence in prison, but after that it is up to the parole board when that person can be released back into society.

What is Sexual Assault on a Child, C.R.S. 18-3-405, in Evans and Erie?

In Evans and Erie, Sexual Assault on a Child, C.R.S. 18-3-405, is:

Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

Sexual Assault on a Child deals with the rape and molestation of children. Similar to Sexual Assault, the defendant faces a felony and indeterminate sentencing when accused of this crime. However, because this law only specifies that the accused is at least 4 years older than the child, this means that juveniles can also be charged with this crime. When this occurs though, juveniles cases are treated differently than adult cases. They don’t typically face as harsh of punishments, and they are usually still allowed to remain in the home with their family.

What is Incest, C.R.S. 18-6-301, in Windsor and Longmont?

In Windsor and Longmont, Incest, C.R.S. 18-6-301, occurs when:

Any person who knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, on an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood commits incest.

Basically, when someone shares a romantic relationship with someone whom they are related to, it is considered incest. This can apply to adults as well as juveniles.  If the four year age gap between the victim and the accused mentioned above is missing, police will often charge Incest.

Sex Assault, Sexual Assault on a Child and Incest Tend to Overlap in Weld County

In Weld County, Sex Offenses like Sexual Assault, Sexual Assault on a Child, and Incest tend to overlap. In situations involving incestuous relationships, Greeley police are able to charge Incest, or they can usually charge Sexual Assault instead. When the police have made an arrest for Incest, the DA can easily turn that into a Sexual Assault charge instead. The process is sick. The police make their arrest, and then the DA sifts through everything against you, compiling a list of crimes to pin you with. They do this all to be thought of as “good cops” or a “strong DA.” When you’re being falsely accused of Incest or Sexual Assault, call us. We are here to help defend you.

If you’ve been accused of a Sex Crime in Greeley or Weld County, contact the O’Malley Law Office immediately.

Don’t talk to the police or anyone else about your case, as the police will use your words against you to fuel the prosecutor against you.

Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experienced criminal defense attorney today.

Together, we can protect your future.

Photo by King’s Church International on Unsplash