In Greeley, Colorado, when a person sexually penetrates another by force or without that person’s consent, they can be charged with Sexual Assault, also known as Rape. As Sex Crime attorneys, we often see clients falsely accused of a Sexual Assault charge after a woman girl regrets her decision, or is embarrassed after consensual sex. The attorneys at the O’Malley Law Office know that it can be devastating to be falsely accused of Rape, which has life-changing penalties. Here are 5 Facts About Sexual Assault Charges from Weld County’s Sex Crime Attorneys. Let’s talk about what you should know if you are facing charges of Sexual Assault in Greeley:
#1. Weld County Legal Definition of Sexual Assault, C.R.S. 18-3-402
To start in your defense, you need to know the definition of Sexual Assault in Weld County, from C.R.S. 18-3-402:
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission of 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 in Colorado if a person is intoxicated or unconscious, and sexual penetration happens, it is considered nonconsensual and a Sexual Assault conviction could result.
#2. What is Considered Sexual Penetration in a Rape or Sexual Assault Charge in Windsor, Colorado?
The definition of Sexual Penetration is important in a Rape or Sexual Assault charge in Windsor or the rest of Colorado, because it is what differentiates Rape from other Sex Crimes or criminal charges. Sexual Penetration includes vaginal intercourse, fellatio, cunnilingus (oral sex), anal sex, or penetration with fingers or objects. If Sexual Penetration did not occur and it was touching or handling of a person’s intimate parts, then the charge could be Unlawful Sexual Contact. If you are facing an Unlawful Sexual Contact charge, learn more about it here.
#3. Punishments and Sentence for a Sexual Assault Conviction in Weld County
A Sexual Assault Conviction in Weld County is a felony, with the level depending on whether force, drugs, bodily injury, or a deadly weapon was involved. The minimum punishment and sentence varies in severity. In a case where there was no force used, it is a class 4 felony with penalties from a minimum of 2 – 8 years in Colorado State prison, and a maximum of the person’s life. This is called an Indeterminate Sentence. You’ll also face $2,000 – $500,000 in fines. If the victim was drugged or injured the sentence would be a class 3 felony with minimum penalties from 4 – 16 years in prison, up to life in prison, with $3,000 – $750,000 in fines. In a case where there was serious bodily injury, or a deadly weapon was used, can be charged as a class 2 felony with minimum penalties of 8 – 24 years in prison, up to life, and $5,000 – $1,000,000 in fines. If a deadly weapon was used, then the crime could be charged as a Crime of Violence which increases the penalties.
#4. Colorado Sex Offender Registry Required if Convicted of Sexual Assault or Rape
In Greeley and across Colorado, if you are convicted of Sexual Assault or Rape, you are required to register on the Colorado Sex Offender Registry. This means that information such as your name, address, date of birth and physical description can be searchable to the public. To learn more about registering as a Sex Offender, get help here.
#5. With False Allegations of Sexual Assault, Why You Need the Top Weld County Sex Crime Attorneys
The top Weld County Sex Crimes attorneys at The O’Malley Law Office have over 30 years of experienced in False Allegations of Sexual Assault. We know that young people often find themselves facing these serious charges after a night of partying and we want to help you. In addition to the possibility of life in prison, these charges can have lasting affects on your schooling, employment, and social reputation. Tell us the facts of your case and we’ll start to aggressively fight for your future.