Sexual Assault Elements Under Colorado Law

What are the elements of sexual assault?

If you knowingly inflict sexual intrusion or penetration on a victim who does not consent, you will be charged with sexual assault.

How much evidence does a prosecutor need to prove I’m guilty?

In order to prove you committed sexual assault, a prosecutor must prove the following elements:

The you inflicted sexual intrusion, or sexual penetration on another person; and
That person did not consent to the intrusion or penetration.

Are there other types of sexual assault charges?

Yes, Colorado has many sexual assault charges. Some of the more commonly charged ones are:

Lack of consent.
The victim is incapable of understanding the nature of her conduct.
The defendant tricked the victim into believing he was the victim’s spouse.
The victim was less than fifteen years old and the defendant was at least four years older than her.
The victim was at least fifteen years of age but less than seventeen years of age and the defendant was at least ten years older than her.
The defendant knows that the victim is physically helpless and has not consented to sexual contact.

What are the penalties for sexual assault?

Sexual assault on a child carries severe consequences, including the possibility of an indeterminate prison sentence. This means that the Court can impose a sentence that could result in spending the rest of your life in prison. In some cases, depending on the specifics of the charge, a probation sentence may be an option. However, any penalty imposed as sentence will have life-altering consequences.

Examples

Lack of Consent: During a date, Alex repeatedly tries to initiate sexual contact with Taylor, who clearly and verbally says “no” each time. Despite this, Alex forces himself on Taylor, and has sex with her, ignoring her refusal.
The Victim is Incapable of Understanding the Nature of Her Conduct: Megan, a young woman with a developmental disability, is manipulated by her caregiver into engaging in sexual activity. Due to her condition, Megan does not fully understand what she is doing or the implications of the sexual act.
The Defendant Tricked the Victim into Believing He Was the Victim’s Spouse: In the dark of night, Sarah’s husband’s twin brother slips into bed with her. She believes him to be her husband due to his similar voice and build. Knowing she is mistaken, the twin brother engages in sexual activity with Sarah. Later that week, Sarah realizes the man was not her husband and calls the police to report the sexual assault.
The Victim Was at Least Fifteen Years of Age but Less Than Seventeen Years of Age and the Defendant Was at Least Ten Years Older Than Her: Sixteen-year-old Annie is flattered by the attention of 28-year-old Daniel, who begins a romantic relationship with her. They end up dating and having sex. Despite Annie’s willingness, the significant age difference make this a case of sexual assault.
The Defendant Knows That the Victim Is Physically Helpless and Has Not Consented to Sexual Contact: At a party, Jessica passes out after drinking too much. Knowing she is unconscious and unable to give consent, Tom proceeds to engage in sexual activity with her.

Related Offenses:

Unlawful sexual contact – C.R.S. 18-3-404
Sexual assault on a child – C.R.S. 18-3-405
Sexual assault on a child by one in a position of trust – C.R.S. 18-3-405.3
Internet sexual exploitation of a child – C.R.S. 18-3-405.4
Invasion of privacy for the purpose of sexual gratification – C.R.S. 18-3-405.6