Colorado lawmakers have proposed a new bill, which would allow Sexual Assault victims to get medical attention and undergo a forensic evidence collection without filing a police report. The lawmakers explain that because of the sensitive nature of Sex Assault cases, victims may not be ready to speak to police, but can still get the medical attention they may need. This bill also proposes that victims would be able to speak anonymously to police about a Sex Assault. Because of the anonymity, victim names would be left out of police reports.
What Effect Would This New Law Have on the Accused?
It is important for both the District Attorney in Weld, Morgan or Logan County and a criminal defense attorney to have access to a victim. Being able to discuss the alleged crime and asking questions is vital to fairness in our justice system. Can you imagine defending yourself against allegations when you don’t even know who is making them? How can the defense do their job, when they can’t interview the accuser? Many Sexual Assault cases are basically he said / she said cases. When there is no physical evidence and the only mitigating factors are statements from the victim, it is vital the person making the allegations is accessible to both sides.
What is Sexual Assault in Greeley?
C.R.S. 18-3-402 – Sexual Assault – is defined by Colorado law as:
- The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or
- The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
- The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
- 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
- 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
- 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
- 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
- The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
Victimless Crimes- Are They Fair?
It is important for both the District Attorney in Weld, Morgan or Logan County and a criminal defense attorney to have access to a victim.
We have seen many Sex Assault cases where, in a case of regret, a woman claims she was sexually assaulted in Greeley, Johnstown, or Windsor. Maybe her boyfriend or fiancé found out about her sexual conduct, and instead of owning it, she tells police it was Rape. If a man thinks the encounter was completely consensual, and then finds outs a complaint has been entered, how we he ever know who filed it? An experienced criminal defense lawyer needs as much information about the case as possible, but how can they get the information if the client doesn’t even know when it happened or with who?
If you or a loved one has been accused of sexual assault or rape, contact an experienced sex crimes criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.
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