A Boulder County judge sentenced a former University of Colorado Boulder student who was convicted of Sexual Assault and Unlawful Sexual Contact to work release and probation instead of prison. While this was not the outcome the Boulder County District Attorney was hoping for, the judge decided to give the system a chance to find out if the man can be rehabilitated. The DA argued for an indeterminate prison sentence. The judge did not go light on the sentence, giving the man 2 years of work release and 20 years to life on Sex Offender probation, but the man will get to remain in the community. The judge also noted that the Sex Offender probation is difficult and the man will be on it for a long time, so any violation would probably send him to prison.
Weld County Sexual Assault Lawyer: What is the Definition of Sexual 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.
Based on the news reports, the victim was drunk at the time of the offense and did not consent to the sexual contact with the man. This would fall under part (b) or part (h) based on the extent of her intoxication and level of awareness.
Greeley Sexual Assault Lawyer: What is the Penalty for Sexual Assault?
Sexual Assault can be charged as a class 1 misdemeanor all the way up to a class 3 felony depending on the circumstances surrounding the offense in Greeley, Erie, and Evans. It seems in the case above, based on the fact the man was sentenced to the indeterminate 20 years to life probation, that he was found guilty of the class 3 felony Sexual Assault. If the judge had sentenced him to prison, the man could have faced 4 to 12 years as the minimum and up to life in the Colorado Department of Corrections, a far worse sentence than what he received. I am absolutely amazed by the response from the judge. Many times we see the prosecutor and judge push for the punitive side of things. Often, the idea of forgiveness and rehabilitation are not even considered. For this judge to acknowledge the harshness of the punishment the man will be facing and to see the potential for change, it really is an amazing and probably unpopular response.
If you or someone you love has been charged with Sexual Assault in Weld, Morgan or Logan County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 immediately. Together, we can protect your future.
Image Source: Pixabay-Stevepb