A rape allegation is extremely serious. Police vigorously investigate rape allegations. In Colorado, rape is known as sexual assault.
CRS 18-3-402 is the Colorado statute that defines the crime of sexual assault, also known as rape, as any forced or non-consensual act of sexual penetration. If one of the people involved is intoxicated or unconscious, the sex will not be considered consensual. Colorado law says that “any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault.” The sex act must involve penetration of the vagina, mouth, or anus.
As one of the more serious felonies in Colorado, if convicted of sexual assault, the penalty is mandatory prison time of at least two years to life imprisonment. Also, any sexual assault conviction requires lifetime sex offender registration.
Sexual Assault Defense
Before Sexual Assault Charges are Filed
A good Sexual Assault Defense attorney will help a suspect during the investigation phase not to incriminate themself.
Many cases start with a call from a police officer. That police officer is usually in a sex crime unit or “special victims” division.
Sexual Assault Investigation
Police will attempt to collect physical evidence from the person claiming the sex assault occurred. They will use a SANE (Sex Assault Nurse Examiner) procedure to collect the evidence.
The police will usually contact the suspect and ask them questions to make their case easier to prove. Typical police questions will involve whether the two people were together. Police will ask whether sexual contact occurred. Police want to know the circumstances of sexual contact. For most people, answering the police’s questions will seriously hurt their defense.
Police will also get a warrant to collect DNA samples from their suspect if the suspect does not voluntarily give a DNA sample. Most people should not give any DNA samples without seeing a warrant.
Police will want to collect a “buccal swab” from the suspect for DNA to match to samples from their victim.
After Sexual Assault charges are filed
A Sexual Assault Defense Attorney will help their client through going into custody, the initial bond hearing, and getting back out of jail to fight their case.
To perform a case assessment, a Sexual Assault Defense Attorney will get all the police reports, forensic evaluations, and witness interviews to evaluate the case against the defendant.
Statute of Limitations on Sexual Assault Charges
Statute of limitations is the time limit on starting a prosecution on Sexual assault cases.
In Colorado, Sexual assault cases can be filed up to 20 years after the incident when the victim is 15 or older. Also, Sexual assault cases can be filed up to 20 years after the victim reaches age 18.
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