In Weld County, a Sexual Assault charge involves an allegation that you had sexual intrusion or sexual penetration with another. In at least two cases, even if the sexual contact is consensual, it is still a felony crime, due to the age difference. This is separate from the crime of Sexual Assault on a Child. Due to the extreme public dislike for this crime, an indeterminate sentence can result from its commission. That means that upon conviction, you might be required to serve a life sentence. Other than murder, no other set of crimes have punishments as severe as sexual crimes. Other sentence requirements include registration as a sex offender, and strict limits on who you can be around.
Colorado Teacher Charged with Sexual Assault on a Student
Recently, a Mesa County teacher was accused of sexually assaulting a student. He is accused of Sexually Assaulting the student while they were cleaning a closet out during a school break. It is said that he also made inappropriate advances on the alleged victim and others, which could be additional criminal charges if he is found to be guilty. If you find yourself in the same situation as the teacher hire Greeley’s top lawyers to fight for your rights. Call the O’Malley Law Office with any questions you have about your Sexual Assault charge.
What is the Definition of Sexual Assault Charge, C.R.S. 18-3-402 in Greeley, Colorado?
The definition of Sexual Assault Charge, C.R.S. 18-3-402, in Greeley is:
Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
[su_qutoe](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
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.[/su_quote]
It is important to note that under section (d and e) if the victim is less than seventeen a defendant could be charged if the defendant falls into the older age categories described even if the sex was consensual.
What are Examples of Sexual Assault in Weld County?
In Weld County, some examples of situations that could be charged as Sexual Assault are:
- Susie and John are out drinking, and Susie passes out and John has sex with her. When Susie wakes, she claims she did not consent, and could not consent, due to the alcohol.
- Ted is 14 and his girlfriend, Shelly, is 18 and they have sex. Ted’s parents do not like that and report it.
- Gretta and Paul are making out and Paul misunderstands the signals and starts having sex and Gretta says stop but he doesn’t. Paul could be charged with Sexual Assault.
What are the Penalties and Sentence for a Sexual Assault Conviction in Greeley, Colorado?
| Type of Sexual Assault | Sentence | Penalties |
| Sexual Assault without Force | Class 4 Felony |
|
| Sexual Assault with Force, a Helpless Victim, Submission by Serious Threats or Drugging | Class 3 Felony |
|
| Serious Injury or Rape by Multiple People (Gang Rape) | Class 2 Felony |
|
| Sexual Assault with a Deadly Weapon | Class 2 Felony classified as a Crime of Violence |
|
| Statutory Rape, based on juvenile victim age ranges listed above | Class 1 Misdemeanor, extraordinary risk sentence
Class 4 Felony |
· 24 months in jail and fines of up to $5,000 or,
· up to 8 years in prison and fines of up to $500,000 · Sex Offender Registration |
What are Possible Defenses to a Sexual Assault Charge in Greeley, Colorado?
Hiring Greeley’s leading lawyers to learn the exact details of your case is important. Knowing some possible defenses like these can help reduce or defeat your charges of Sexual Assault:
- The sex was consensual
- There was no penetration/ intrusion
- You were not the perpetrator and were wrongly identified
- DNA will exonerate you
- A false accusation is being made against you
Have you or a loved one been falsely accused of Sexual Assault in Weld County or Greeley, Colorado? Remember to exercise your right to remain silent and then contact the experienced lawyers at the O’Malley Law Office call 970-616-6009 to consult with one of our experienced sex crimes attorneys. Together, we can protect your future.
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