Sexual Assault and Rape

Sexual assault & rape at a glance

• Sexual assault is a crime involving non-consensual sexual penetration or intrusion, or sexual misconduct against a minor.
• What is the difference between sexual intrusion and sexual penetration?
  • Sexual intrusion is the is the intrusion by any object into the genitals or anal opening of another person’s body. Sexual intrusion does not include intrusion by the mouth, tongue, or penis.
  • Sexual penetration means sexual intercourse, cunnilingus, fellation anilingus, or anal intercourse.
• In Colorado law, there is no specific criminal charge of rape: It is charged as a sexual assault.
• Charges for sexual assault are generally a class 4 felony, which has typical penalties of 2-8 years – life in prison.
• Unlawful sexual contact is another form of sex crime related to sexual assault. Unlawful sexual contact is where an actor subjects another to unlawful sexual contact.
  • Sexual contact generally is defined as the knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, if the touching was for the purpose of sexual arousal, gratification, or abuse.
• A charge of sexual assault on a child is specifically related to sexual contact perpetrated on those under age 15 by someone who is at least four years older.
• Convictions for these charges result in mandatory registration on the sex offender registry.
• Skilled representation by a Colorado lawyer who is an expert in sex crimes is essential for those accused of such crimes.

What is sexual assault and rape?

A sexual assault charge is the primary type of sex crime charged in Colorado. The two major subsets of this assault are all acts involving non-consensual sexual penetration or intrusion, and all forms of sexual misconduct by an adult against a minor under age 15, which is known as child sexual assault. Sex with anyone who is unconscious or too intoxicated to give consent is also considered non-consensual.

In Colorado law there is no specific charge of rape. What people consider rape is charged as a sexual assault, often involving specific circumstances. (See section further below on Rape.)

What are sexual penetration and sexual intrusion?

For someone to be convicted of a sexual assault charge, sexual penetration or intrusion must be involved in the act.

Sexual penetration is a sexual action in which any penetration, even slight, completes the act, and does not have to involve proof of ejaculation or emission of fluids. Sexual penetration acts include:

• Vaginal intercourse.
• Anal intercourse.
• Oral sex, either fellatio, cunnilingus, or anilingus.

Sexual intrusion is the use of an object or body part – other than the penis, tongue, or mouth – to penetrate the anus or genitals of another person. The purpose of the intrusion must be for sexual gratification, arousal, or abuse.

Colorado law definition of sexual assault

Colorado Revised Statutes Section 18-3-402 defines the specifics of sexual assault. The crime occurs when anyone knowingly commits sexual intrusion or penetration on a victim under the following circumstances:

• The act is committed knowing the victim does not consent.
• The perpetrator (illegal actor) is aware that:
  • The victim does not understand what is happening or that the act is sexual in nature.
  • The victim submits to the act under a false belief, such as mistakenly thinking the perpetrator is the victim’s partner.
  • The victim is physically helpless and has not consented to sex.
• The act is committed when the victim is underage, either:
  • Under the age of 15 and the perpetrator is at least four years older than the victim.
  • Or the victim is younger than 17 and at least 15, while the perpetrator is at least 10 years older than the victim and is not the victim’s spouse.
• At the time of the act, the victim is in the custody of the law or in an institution such as a hospital, and the perpetrator is in a supervisory or disciplinary position.
• The actor engages in an examination or treatment of the victim while indicating the action is a medical service, when the action is significantly inconsistent with accepted medical practice.

Related reading: Sex Crimes

Rape and Colorado law

There is no sex crime called rape under Colorado law. Rape is considered a type of sexual assault that is often enhanced by other charges, such as kidnapping or burglary. Allegations of rape are very serious, and there are many laws in place to prosecute alleged offenders.

Actions during sexual assault that indicate rape include:

• Using physical force to overcome the victim’s non-consent.
• Threatening harm or death on the victim, either in the moment of assault or in the future.
• The actor uses a deadly weapon in the act of assault.
• The perpetrator knows the victim is unconscious.

Most rape cases involve two people, and the question of guilt comes down to the defendant’s words against the words of the accuser. When it comes time to go to trial, the court will consider two important questions: Did it occur? Was it consensual?

Rape, an “extraordinary risk” crime

Sexual assaults, such as those acts above that are construed as rape, can be considered extraordinary risk crimes under Colorado law, which denotes a substantial risk or harm to society. The penalties for rape are harsh, generally charged as a class 4 or class 3 felony (see penalties table below).

Sexual assault penalties

In Colorado the penalties for this form of assault are related to the specifics of the attack. All sexual assault charges are felonies, ranging from class 2 felony (the most severe) to class 6 felony. Most of these crimes are class 4 felonies.

A conviction of sexual assault almost always requires the perpetrator to register as a sex offender.

Many sex assault crimes are categorized as crimes of extraordinary risk. This designation acts a sentence enhancer that increases prison time and fines.

Types of felony class and misdemeanor for sexual assault offenses

Below are common guidelines for classification of sexual assault, circumstances, and penalties for crimes committed on or after July 1, 2018, when the law changed. Crimes committed between July 1, 1993, and July 1, 2018, carry some different penalties.

Sexual assault classifications and penalties

Criminal classification	Sexual assault circumstances	Potential penalties
Class 2 felony sexual assault (most severe) (indeterminate sentencing, meaning the judge has the option to extend prison time to life)	Use of deadly weapon, serious injury, or “gang rape”	8-24 to natural life years in prison; fines up to $1 million
Class 3 sexual assault felony   (indeterminate sentencing)	Drugging, use of force, threats of death or kidnapping, and violence	4-12 to natural life years in prison; fines up to $750K
Class 4 sexual assault felony   (indeterminate sentencing)	Non-consensual assault without force or serious injury	2-6 to natural life years in prison; fines up to $500K
Class 6 sexual assault felony	Sex between a minor (age 15-16) and an adult 10 or more years older who is not the victim’s spouse	12-18 months in prison; fines up to $100K

Statute of limitations on sexual assault

Many of these assaults are never reported. Victims may not report or take many years to report such offenses due to the stigma of being sexually assaulted or fear of retaliation by the offender.  Because of this, the statute of limitations on such criminal charges is as long as 20 years or non-existent to encourage victims to report the crimes, even years after they have been committed.

Statute of limitations refers to the time limit when prosecutors must charge someone with a crime. These time frames are different depending on the crime. Under Colorado law, sexual assault cases have the following statutes of limitations for felony criminal charges:

• 3 years following the assault, if the victim was an adult at the time.
• No limit, if the victim was a child when the assault was committed.

Unlawful sexual contact

In Colorado unlawful sexual contact (also referred to as unwanted sexual contact) is not considered a sexual assault, though both offenses are unlawful sex crimes.

Sexual contact generally is defined as the knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, if the touching was for the purpose of sexual arousal, gratification, or abuse. 

The unlawful sexual contact can be touching, fondling, or groping that does not involve penetration. For example, this can be grabbing a person’s buttocks, rubbing their breasts, or pressing one’s crotch against someone.

Colorado Revised Statutes Section 18-3-404 addresses unlawful sexual contact, stating that one commits unlawful sexual contact when they knowingly have sexual contact with someone who does not consent to the contact. These qualifications apply:

• If the person making contact knows the victim does not consent.
• If the victim could not understand the action.
• If the victim was physically helpless.
• The perpetrator used drugs or alcohol to make the victim consent.
• The victim was in custody or in an institution where the actor was in a position of authority.
• If the actor claimed they were conducting some kind of medical treatment on the victim when that was not the case.

Penalties for unlawful sexual contact

The standard classification of unlawful sexual contact is as a misdemeanor. But as with other sex crimes, specific circumstances can increase the crime to a felony.

Being convicted of unlawful sexual conduct usually requires the perpetrator to register as a sex offender.

Related reading: Unlawful Sexual Contact

Sexual contact offenses and penalties

Criminal classification	Unlawful sexual contact circumstances	Potential penalties
Class 4 felony unlawful sexual contact force, intimidation, or threat   (indeterminant sentencing)	Compels the victim to submit using force, threat, or intimidation	5 years-life in prison; fines up to $500K
Class 4 Felony unlawful sexual contact   (indeterminate sentencing)	The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices. Induces a child to expose intimate parts or engage in any sexual contact intrusion or penetration with another person for the purposes of the actor’s own sexual gratification	2-6 to natural life in prison; fines up to $500K
Class 1 misdemeanor (crime of extraordinary risk)	No use of force, threat, or intimidation	12-18 months in jail; fines up to $5K

Child sexual assault, rape

Child sexual assault includes unlawful sexual contact

In Colorado child sexual assault is different than normal sexual assault (see above). A child sexual assault charge involves a child under 18 years old, and the act can involve penetration/intrusion or unlawful sexual contact.

What people often call rape of a child is a form of child sexual assault, as Colorado law does not have a specific charge of rape.

Colorado law on child sexual assault

Colorado Revised Statutes Section 18-3-405 defines this form of assault on a child to be when a person knowingly has sexual contact with a child who is under 15 years old and the accused is at least four years older than the child. The act does not have to involve sexual penetration or intrusion to be considered child sexual assault.

This type of assault can be knowingly touching a child’s intimate parts (breasts, pubic hair, external genitalia, buttocks, anus) or making a child touch the offender’s intimate parts. Note that touching could also be a form of sexual penetration.

Types of child sexual assault crimes

Child sexual assault crimes depend on a few factors, including the nature of the crime and the age of the child. While anyone under 18 is considered a child, Colorado has special statutes that govern sexual assaults against children under the age of 15. These charges can be filed for a wide variety of acts, including unlawful touching of anyone under 15, whether over or underneath clothing.

Felony charges for child sexual assault

Colorado takes child sexual assault cases very seriously. If the state can prove that an act involving a child was for the perpetrator’s sexual gratification, it is considered a sex crime. If there was physical contact involving sexual penetration or intrusion between the child and the accused, a child sexual assault charge is likely.

Those convicted of child this sex crime must register as a sex offender.

Child sexual assault classifications and penalties

Criminal classification	Child sexual assault circumstances	Potential penalties
Class 3 felony sexual assault on a child   (indeterminate sentencing)	Subjects the child to sexual contact if the victim is less than 15 and the actor is at least 4 years older than the victim if any of the following are involved: The actor threatens the child with death, serious injury, or kidnapping The accused threatens some form of retaliation in the future The accused uses force in the assault	10-32 to natural life in prison; fines up to $750,000 If further circumstances exist in the assault such as use of a deadly weapon, prison time can be 8 years to life; fines up to $1 million
Class 4 felony sexual assault on a child   (indeterminate sentencing)	Subjects the victim to sexual contact and the victim is less than 15 years old and the actor is more than 4 years older than the victim	2-6 to natural life in prison and fines up to $500,000

Your expert sexual assault lawyer in Denver

If you have been accused of unlawful sexual contact or sexual assault of any kind, including assault involving a child, your future is on the line. You must take advantage of every opportunity to avoid the worst consequences, including prison and sex offender registration.

Sex assault cases have strengths and weaknesses. I evaluate all aspects of your case and I am skilled at finding the shortcomings in a prosecutor’s charges. I clearly explain these aspects to each client and provide a reasonable estimate of the defendant’s costs.

I have more than 20 years of experience with sexual assault cases. I understand how these cases proceed and how to analyze the prosecution’s tactics and effectively challenge them. I know the steps to take to ensure my clients’ rights are fully defended.

A conviction of sexual assault can negatively affect the rest of your life. I work hard to prevent that for each of my clients.

Related reading: I provide excellent defense for the additional sex crimes listed below.

Child Molestation and Enticement

Child Pornography and Sexual Exploitation

Child Prostitution

Indecent Exposure and Public Indecency

Internet Luring and Sexual Exploitation

Prostitution and Solicitation

Sexting and Texting