In Weld County, have you been accused of a Sexual Assault charge? Our top criminal lawyers will fight to get you a clean criminal record. A Sexual Assault charge in Weld County can happen when someone accuses you of any forced or non-consensual act of sexual penetration. Our criminal defense lawyers will discuss what you need to know about Sexual Assault in this blog. If you are facing charges in Fort Collins, get help here.
Facts on Sexual Assault Charges Discussed Below:
- Definition of Sexual Assault, C.R.S. 18-3-402, in Greeley
- Examples of Sexual Assault in Weld County
- What is Defined as “Sex” in a Sexual Assault Charge in Greeley, Colorado?
- What is the “Statutory Rape” and “Age of Consent” in Weld County?
- What are the Penalties and Sentences for a Sexual Assault Conviction in Greeley, Colorado?
#1. Definition of Sexual Assault, C.R.S. 18-3-402, in Greeley, Colorado
The definition of Sexual Assault in Greeley 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.
It is important to note that sex is automatically seen as non-consensual if one party is too intoxicated or is unconscious.
#2. Examples of Sexual Assault in Weld County
In Weld County, some examples of Sexual Assault are:
- A college student having sex with a drunk girl who has passed out at a party.
- A man forcing a stranger to have fellatio with her.
- A doctor has sex with his patient while they are not conscious during a procedure. This includes any touching outside what is medically necessary for the medical procedure.
#3. What is Defined as “Sex” in a Sexual Assault Charge in Greeley, Colorado?
Sex acts that can be charged as Sexual Assault in Greeley, include anything that has penetration. These acts can be vaginal intercourse, oral sex (fellatio or cunnilingus), anal sex, fingering, and penetration with a foreign object. Within this definition, touching intimate parts cannot be charged as Sexual Assault; instead it would be charged as Unlawful Sexual Contact C.R.S. 18-3-404, a misdemeanor.
#4 What is the “Statutory Rape” and “Age of Consent” in Weld County?
Statutory Rape is a Sexual Assault charge when a person has sex with children under 17 in Weld County, whether the child wanted to engage in sexual activity or not. In Colorado, the “age of consent” is 17 years old, and this means that a person having consensual sex with a 17 year cannot be charged. There are two “close in age” exceptions to this rule. The first is if the child is less than 15 and the other person is less than 4 years older. The second is if the child is 15 or 16 and the other person is less than 10 years older than the child. You must remember that under Sexual Assault on a Child laws, C.R.S. 18-3-405, and C.R.S. 18-3-406, the rules on sexual assault are VERY different than those here, and people can be charged with very serious crimes under different rules for sexual contact with kids under 18. Be sure to consult our criminal defense attorneys if your situation involves kids less than 18 years old.
#5. What are the Penalties and Sentences for a Sexual Assault Conviction in Greeley, Colorado?
The penalties and sentence for a Sexual Assault conviction in Greeley, depends on the type of assault. All of these convictions will include having to Register as a Sex Offender. To learn more about that go here.
*Please remember that many versions of Sexual Assault have increased penalties under certain circumstances which are too numerous to mention in this blog. You must call our attorneys to learn about these possibilities. The list below can vary greatly based on minor changes in your charged conduct, so please don’t rely on this list or consider it to be legal advice.
| Type of Sexual Assault | Class of Crime | Sentence and Penalties |
| Statutory Rape – victim is at least 15 but less than 17 years old, and the defendant is at least 10 years older than the victim
|
Class 1 Misdemeanor, but after March 1, 2022, this crime becomes at class 6 felony. | Up to 24 months in Weld County Jail and fines of up to $5,000; after March 1, 2022, you can be sentenced to prison for this crime. |
| Statutory Rape – victim was less than 15 years old, and the defendant is at least 4 years older than the victim
|
Class 4 Felony | 2 years minimum – life in the Colorado State Prison and fines of up to $500,000.* |
| Sexual Assault without Force or injury | Class 4 Felony | 2 years minimum – life in Colorado State Prison and fines of up to $500,000.* |
| Sexual Assault with Force, a Helpless Victim, Submission by Serious Threats or Drugging | Class 3 Felony | 10 years minimum life in prison and $3,000 – $750,000 in fines.*
|
| Serious Injury or Rape by Multiple People (Gang Rape) | Class 2 Felony | 16 years minimum – life in prison and $5,000 – $1,000,000 in fines.*
|
| Sexual Assault with a Deadly Weapon | Class 2 Felony classified as a Crime of Violence | 16 minimum – life in prison.*
$5,000 – $1,000,000 in fines |
* Note that most felony sexual offenses involve an indeterminate sentence, where the end date of your sentence is up to the rest of your life.
A Sexual Assault charge in Weld County conviction can have lasting consequences on your ability to hold certain jobs, possess firearms, and possibly where you live. Having a criminal defense lawyer who has over 30 years of experiences navigating the Weld County Court System will get you the best outcome in your case. Call our lawyers for more information, since this area of law is very complex, and carries very long penalties in prison, up to the rest of your life.
Have you or a loved one been falsely accused of Sexual Assault in Weld County or Greeley, Colorado? Remember to exercise your right to remain silent and then contact the experienced lawyers at the O’Malley Law Office call 970-616-6009 to consult with one of our experienced sex crimes attorneys. Together, we can protect your future.
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