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What is Sexual Assault on a Child?

Sexual assault is a broad term in Colorado that includes many different types of unlawful sexual behavior including rape, sex crimes against children, crimes committed against patients, and other acts that do not even include any engagement in a sexual act, across Denver and Jefferson County. The statute lists several crimes that can be further divided among felony sex offenses and misdemeanor sex offenses. The law has decided for society who is able to give consent in regards to sexual relationships. If someone has sexual contact or relations (penetration or otherwise) with someone who is not legally allowed to give consent by law, they will be charged with a sex crime in Colorado and cities like Littleton, Lakewood, and Arvada. A plea or conviction to a sex offense in Colorado has extremely harsh consequences – it is important for your future to have a trustworthy Denver sexual assault attorney by your side to defend your rights.

What is Sexual Assault?

Sexual Assault – CRS 18-3-402 occurs when someone “knowingly inflicts sexual intrusion or penetration” on someone who has not given consent or is not legally able to give consent. This is normally a Class 4 Felony, however, certain enhancers increase the severity of the crime.

Class 3 Felony Sexual Assault / Rape

  • Occurs when the victim is physically helpless to resist and the actor knows that the victim is physically helpless. The victim is not in a position to consent and the actor realizes this but continues with the act of penetration or intrusion.
  • Occurs when the actor threatens the victim with physical harm either at that moment or in the future and the victim has no reason to assume the actor is lying.
  • Occurs when the victim is incapacitated because drugs which have been introduced into their system by the actor as a means to peacefully subdue them.

Class 2 Felony Sexual Assault / Rape

  • Occurs when the victim undergoes serious physical injury by the actor, or if the actor has and uses a deadly weapon or threatens that they have a deadly weapon in order to coerce the victim to submit.

Class 6 Felony Sexual Assault

  • Occurs when the victim is 15 or 16 years old and the actor is more than ten years older than the victim. This is technically not sexual assault on a child, because the victim is over 15, even though they still may not give legal consent.

What is Sexual Assault on a Client by a Psychotherapist?

Sexual Assault on a Client by a Psychotherapist – CRS 18-3-405.5 is charged when sexual intrusion or penetration occurs between a psychotherapist and a client. It can be punished as either a misdemeanor or felony in Boulder and Aurora.

Class 4 Felony

  • Occurs when the abuse is part of a deception by the psychotherapist where they take advantage of the fragile mental state of the patient

Class 1 Misdemeanor

  • Occurs when the alleged victim consents to have sex with the psychotherapist. The psychotherapist will be charged, not the “victim.”

What is Unlawful Sexual Contact?

Unlawful Sexual Contact – CRS 18-3-404 is defined as any sexual contact by someone given to another person who does not consent or is legally not able to consent, usually a class 1 misdemeanor. The contact is defined as inappropriate touching without penetration. Certain enhancers cause it to be punished as a felony:

Class 4 Felony

  • Occurs when the actor uses force, intimidation, or threats to coerce the victim into submission

Sexual Assault on a Child – CRS 18-3-405 is defined as someone inflicting any sexual contact on a child younger than fifteen. This is usually charged as a Class 4 Felony, but may also be charged as a class 3 Felony when certain enhancers exist:

Class 3 Felony

  • Occurs when force is used against the child by the actor, or the actor threatens to cause future harm or death unless the child submits, or if the actor executes this offense as part of a pattern of abuse against children

What is Sexual Assault on a Child by One in a Position of Trust?

Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3, is charged in a variety of situations, often involving a teacher, coach, pastor, or babysitter. If you've been charged with this complex, serious offense, contact an expert criminal defense attorney immediately to protect your freedom and future.

Class 3 Felony

  • Occurs when the victim is younger than 15 years old or if the assault is committed as part of a pattern of abuse against a juvenile

Class 4 Felony

  • Occurs when the victim is between 15 and 18 and there is not a pattern of abuse associated with the crime

Why Do I Need a Denver Sexual Assault Attorney?

Sexual assault is one of the most common and feared sex crimes that you can be charged with in Arapahoe and Adams County. Because the definition of sexual assault covers so much, many circumstances can be considered sexual assault. Any conviction or guilty plea of sexual assault can bring with it the serious consequences of:

Sex Offender Registration

Learn more about
sex offender registration in Colorado.

Sex Offender Treatment

Treatment is dictated and overseen by the Sex Offender Management Board.

Sex Offender Intensive Supervised Probation

Learn more about Sex Offender Intensive Supervised Probation upon release.

Indeterminate Sentencing

Indeterminate Sentencing in the Department of Corrections is imposed for many sex offenses.

It's vital for a defendant's freedom to have an experienced Denver sexual assault attorney by their side as they fight charges of sexual assault. If you accept a plea or are convicted of a sexual offense, the consequences are harsh. The legislature in Colorado has mandated indeterminate sentencing, which means there is no limit to how long you can be sentenced for certain sex crimes. The sex offender management board has a “no-cure” model for sex offenders, and you will have to register as a sex offender wherever you go.

If police contact you regarding any sexual assault charge, be smart, exercise your right to remain silent, and contact our experienced sex crime attorneys at 303-830-0880, or submit our contact form. Together, we can protect your future.

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