I read an interesting story online the other day that I thought would make a nice blog topic. A 37-year-old man in another state was permanently kicked out of his local Starbucks for asking out a 16-year-old barista. According to the news report, the man had been flirting with the barista and he claims that she flirted back, so he asked her out. Now, whether you think it is appropriate or not, asking this girl to dinner is NOT a crime. The laws in this man’s state would allow for these two to date without any legal consequences, yet he is banned from this establishment and treated like a criminal. I am by no means agreeing with this man’s actions. I am, in fact, not giving my opinion on his actions whatsoever. What I am questioning is why we are so willing to criminalize any behavior we can and why we instantly decide to treat people like offenders simply because we don’t like their behavior. In Greeley, Erie, and Evans, it is not illegal for a 37-year-old to ask out a 16-year-old, however, it is illegal for the two to engage in sexual behaviors. Let’s look at the specifics of this law.
Weld County Sexual Assault Attorney: What is the Definition of Sex Assault?
The Colorado law definition of Sexual Assault – C.R.S. 18-3-402 – is:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; 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.
Part (e) of the Sex Assault statute is what would apply to a situation similar to the one described above. In Weld, Morgan, and Logan County it is illegal to have sex with a 16 or 17-year-old if you are 10 years or more years older. So, a 37-year-old man could not legally have an intimate relationship with a 16-year-old girl. But, the man above did not ask the 16-year-old to have sex; he asked her to have dinner.
If you or someone you love has been charged with Sexual Assault, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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