In the wake of the #MeToo movement, more people are reporting sexual assaults to the police than ever before. This is a positive development, yet it raises serious concerns for those who may be unfairly accused of a sex crime.
Sexual assault is an incredibly serious offense. In Colorado, it can be a misdemeanor or felony crime, and carries with it the possibility of being placed on the sex offender registry. If you have been accused of a sex crime, you will need an experienced defense attorney to represent you.
McCabe Law represents clients charged with a range of Colorado crimes, including sexual assault. We understand how overwhelming it can be to be charged with a crime like sexual assault. That is why we treat each client with compassion, while we work hard to provide top-notch legal representation.
With an office in Boulder, we represent clients across Colorado, including Boulder, Broomfield, Adams, Arapahoe, Jefferson, Larimer, Weld, and Denver Counties. Our team has both the skill and experience to help you achieve a positive result. To learn more or to schedule a consultation, contact our firm today at 720-328-0739 or email us to schedule a consultation.
What Is Sexual Assault?
In Colorado, there are several types of sex crimes including sexual assault, unlawful sexual contact, sexual assault on a child, possession of child pornography, internet luring of a child or indecent exposure. The type of crime that you may be charged with will depend on the specific facts of your case.
Consent can be a thorny issue in sexual assault cases, and may come down to he said/she said. However, no one under the age of 14 can consent.
Under the law, a person did not consent to sexual activity if he or she objected, could not understand the sexual activity, was unconscious or asleep, was under the perpetrator’s authority as a patient or an inmate, was drugged by the perpetrator, or was receiving a medical treatment or exam that was inconsistent with medical practices. For example, if an employee at a nursing home had sex with a patient with dementia, it could be considered sexual assault because the patient did not and could not consent. Because the patient had dementia, he or she could not understand the sexual activity.
Consequences of a Colorado Sexual Assault Conviction
Colorado law imposes harsh penalties for a sexual assault conviction and has a lifetime supervision act. Generally, If you are convicted of a class 4 Felony or higher you may be subject to lifetime supervision on probation, community corrections or in prison ranging from 2 years to the rest of your life.
In addition to the sentence, anyone convicted of a sex crime as an adult will have their name entered into Colorado’s sex offender registry. A defendant who is considered a sexually violent predator is subject to community notification. Failure to register as a sex offender is a separate felony offense.
Defenses to Colorado Sexual Assault Charges
Sexual assault charges can be incredibly challenging to defend against, as they often stir up strong emotions in the community. However, there are a number of potential defenses that may apply including whether the sex was consensual, whether the sex occurred while the parties were lucid, or whether there was physical evidence to support that the act occurred and who was involved – including any DNA evidence.
Work with a Sexual Assault Defense Attorney
Being charged with a sex crime is frightening. A skilled lawyer can hold the prosecution to its burden, and protect your rights and freedom in the process.
Attorney Janene K. McCabe has defended Coloradans against criminal charges for near20 years. As a public defender, she gained unparalleled trial experience that she utilizes in her private practice, fiercely advocating for each of her clients. She represents clients throughout Colorado, working with them to help them achieve the most favorable outcome possible.