Sexual assault on a child can be charged in Denver when a person has sexual contact with someone under 15 and are 4 or more years older than the minor. Age gap makes all the difference when it comes to many Colorado sex crimes, as consent is irrelevant when specific parameters exist. Late last month, a NFL linebacker was arrested for unlawful sexual activity with a minor after allegedly having sex with an underage girl multiple times. Few allegations match the magnitude of child sex assault. Experienced representation from a skilled sex crimes attorney is vital.
Age Requirements and Consent to Sex in Colorado
The above case brings to light an interesting fact throughout the United States. The age of consent and difference in age when it comes to criminal sexual behavior isn’t the same in each state. The man above is facing a felony charge for alleged intercourse with a 17-year-old. In Colorado, if the man wasn’t a position of trust, consent occurred, nothing of value was exchanged, and no threats or force were used, these actions aren’t just a lesser offense, they’re not a crime. What makes a 17-year-old in Florida different than one in Colorado?
Two exceptions in Colorado are important to be aware of when it comes to sexual assault on a child. First, if a young teen under 15 consents to sexual contact with a person less than 4 years older, sexual assault on a child doesn’t apply, nor is the behavior a crime. Second, teenagers 15 or 16 consenting to sex with someone less than 10 years older isn’t a crime either. Additionally, if an adult has sex with a minor who is 15 or 16 and the adult 10 or more years older, misdemeanor statutory rape applies instead of sexual assault on a child.
Sexual Assault on a Child Penalties in Denver
Child sex assault penalties are particularly harsh in the state of Colorado. They sometimes include an indeterminate sentence, meaning a minimum with no maximum. In situations where the sexual contact occurred only once with someone 14 or younger, a class 4 felony applies. Conviction can result in:
- up to 6 years in the Colorado Department of Corrections,
- fines of $2,000 – $500,000,
- sex offender registration,
- evaluation / treatment,
- intensive supervised probation upon release from prison
However, these aggravating factors can lengthen the prison sentence and add to the fines:
- the sexual contact happened multiple times (pattern of abuse),
- OR threats or force were used
Denver Attorney for Child Sex Crimes
It’s essential that you seek experienced representation if accused of a child sex crime in Colorado. Key evidence exists in these cases that needs to be preserved and analyzed by an expert. Talking with law enforcement or providing investigators with statements is highly detrimental in these cases. Instead, exercise your right to remain silent and request an attorney. We offer same-day jail visits, affordable fees, and flexible payment plans for those accused of child sex assault throughout Colorado. Perhaps intimate parts weren’t involved, the contact was accidental, or you’re facing a false allegation. Contact our office today for strategic legal help.
If you or someone you know is facing an allegation of sexual assault on a child, be smart. Contact the Strategic criminal lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
Photo by Taylor Hugh