In Greeley, someone is charged with Sexual Assault when they force themselves upon another. This is known more commonly as Rape. As criminal defense lawyers, we are familiar with cases where men are falsely accused of Sexual Assault and Rape; but situations like these often don’t make it to local or even national news. However, BBC recently covered a global news story where a young British woman admits to falsely claiming rape. Her story does not come without issue though. Originally, she had told police that 12 Israeli men had raped her while in Cyprus. She retracts this and claims that the police forced her into writing a broken English statement against the men. She is currently facing a public mischief charge in Cyprus for making a making an accusation of Sexual Assault falsely.
What is the Definition of Rape Sexual Assault, C.R.S. 18-3-402, in Weld County, Colorado?
In Weld County, the definition of Rape / Sexual Assault, C.R.S. 18-3-402, is:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
For simplification, some of the Sexual Assaults statues have been omitted, but you can read more about the crime here.
How is Sexual Assault / Rape Punished in Erie and Dacono?
In Erie and Dacono, the punishment for Sexual Assault is either a class 1 misdemeanor charge or a felony charge. Someone can be charged with a class 4 felony, a class 3 felony, or a class 2 felony for Sexual Assault.
Generally, Rape is a class 4 felony. But, if the victim is physically helpless, and the accused knows this, they face a class 3 felony. Additionally, if the accused “causes submission” of the victim, they will also be facing a class 3 felony.
Sexual Assault becomes a class 2 felony when:
- A deadly weapon is used
- The victim suffers serious injury
- The accused is aided in the assault by others
Indeterminate Sentencing for Rape / Sexual Assault in Boulder County and Longmont
When someone is convicted of Indeterminate Sentencing for a Rape / Sexual Assault in Boulder County and Longmont, it means they could potentially be in prison for the rest of their life. An indeterminate sentence has the accused first serve a minimum sentence. Once that minimum sentence is served, they are then reviewed by the Parole board. The Parole board sees if the inmate has successfully completed Sex Offender Treatment, and they decide if the inmate is ready to move back into society. Because it is all up to the decision of the Parole Board, they could also decide to keep the accused as long as they want, and sometimes that means until death.
So, if you or a loved one are being falsely accused of Rape or Sexual Assault, a felony Sex Crime, you will need an experienced attorney at your side. This is an incredibly serious crime that could dictate the rest of your life. Don’t leave your case in the hands of a tired and overworked public defender, contact our office today.