Having sex with someone without their consent is charged as Sexual Assault in Greeley and Weld County. A man is facing these charges after his son’s girlfriend claimed that he raped her. According to the report, the girlfriend was sleeping when she felt someone get into bed with her. She assumed it was her boyfriend and went back to sleep. She awoke again to her pants down and someone trying to have intercourse with her. When she turned around, she found her boyfriend’s dad in the bed. He apologized and claimed that he was sleepwalking – though I’m not sure how well that defense will hold up in front of a jury.
Weld County Sex Assault Lawyer: Definition of Sexual Assault on a Physically Helpless Victim
The Weld, Morgan, and Logan County, Colorado law definition of Sexual Assault – C.R.S. 18-3-402(1)(h) – is:
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
When a person is sleeping, they are considered physically helpless. So, by having sex with her (or even trying to have sex with her – it doesn’t matter how slight the intrusion or penetration is) while she was sleeping, he would be charged under subsection (h).
Sentence for Sex Assault on a Physically Helpless Victim in Johnstown and Berthoud
A Sex Assault charge under subsection (h) – physically helpless victim – is a class 3 felony in Greeley, Johnstown, and Berthoud. This level felony sex offense is punishable by 4 years to life in the Colorado Department of Corrections. Most Sex Assault allegations are punishable by indeterminate sentences to prison, where the judge sets the minimum amount of time the person will have to serve, but they can be kept in DOC for up to their entire life.
If you or someone you love has been charged with Sex Assault on a physically helpless victim, 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 to schedule your free consultation or set up a Weld County Jail visit. Together, we can protect your future.
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