Castle Rock Sexual Assault Defense Lawyer

Experienced Sexual Assault Defense Attorneys in Castle Rock, CO

In Colorado, the repercussions of a sexual assault conviction are profoundly severe, affecting your freedom and reputation significantly. Understanding your legal rights is crucial in such situations. It’s vital to align with a Castle Rock Sexual Assault Defense Lawyer, who can offer robust legal support and representation. Their expertise not only helps in navigating the complex legal landscape but also in vigorously defending your case to protect your rights and uphold your reputation. Engaging an attorney from High Plains Lawyers early on is essential for a strong defense strategy.

DEFINITIONS RELATED TO SEXUAL OFFENSES – C.R.S. 18-3-401

What is the definition of “sexual offense?”
Colorado authorizes indeterminate prison sentences for people convicted of “sexual offenses.” C.R.S. 18-1.3-1003(5)(a) contains the following list of crimes which meet the definition of sexual offense:

• Sexual assault as described in C.R.S. 18-3-402
• First degree sexual assault if committed prior to July 1, 2000
• Felony unlawful sexual contact – C.R.S. 18-3-404(2)
• Second degree sexual assault if committed prior to July 1, 2000
• 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
• Aggravates sexual assault on a client by a psychotherapist – C.R.S. 18-3-405.5
• Enticement of a child – C.R.S. 18-3-305
• Incest – C.R.S. 18-6-301
• Aggravated Incest – C.R.S. 302
• Patronizing a prostituted child – C.R.S. 18-7-406
• Internet luring of a child (class four felony) – C.R.S. 18-3-306(3)
• Internet sexual exploitation of a child – C.R.S. 18-3-405.4
• Unlawful sexual conduct by a police officer (class three felony) – C.R.S. 18-3-405.7
• Any attempt, conspiracy, or solicitation to commit any of the offenses listed above.

A “sex offender” is defined as any person who is convicted of or pleads guilty to a sex offense listed above.

What is the definition of “sexual contact?”
In order to be convicted of unlawful sexual contact, the prosecution must prove that the defendant knowingly subjected a person to nonconsensual sexual contact. C.R.S. 18-3-401(4) provides three different definitions of the term sexual contact:

1. Touching someone’s, or forcing someone to touch your, intimate parts. It can also include touching the clothing covering the immediate area of a person’s intimate parts if done for the purpose of sexual arousal or gratification.
2. Ejaculating onto any body part of the victim or the clothing covering any body part of the victim.
3. Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact was done for the purpose of sexual arousal or gratification.

A prosecutor must prove sexual contact occurred before any jury will be permitted to convict someone of unlawful sexual contact. However, even if the prosecution proves sexual contact occurred, it must still prove that it was done knowingly and without the consent of the victim.

What is the definition of “sexual intrusion” or “sexual penetration?”
Colorado requires the prosecution to prove sexual intrusion or penetration before a jury will be permitted to convict someone of the crime of sexual assault. According to the Colorado legislature those phrases have the following meanings:

• Sexual intrusion means any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.
• Sexual penetration means sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.

Sexual intrusion and sexual penetration are only two potential elements for the crime of sexual assault. There are many other elements the prosecution will be required to prove before they can ask a jury to convict someone of that charge.

How does Colorado define the term “position of trust?”
Someone accused of committing sexual assault on a child by one in a position of trust is in very serious trouble. One successful defense to this charge is to dispute whether you occupied a position of trust. In order to do that, you must understand the following definition of that term:

• One in a position of trust can mean any person who is a parent or acting in the place of a parent, or someone otherwise responsible for the general supervision of a child’s welfare, or with any duty or responsibility over the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, no matter how brief, at the time of an unlawful act.

The following types of people occupy a position of trust of a child:

• Parent
• Babysitter
• Teacher
• Coach
• Foster parent
• Mentor
• Doctor
• Nurse
• Counselor
• Etc.

The previous list makes it very clear that Colorado casts a wide net when defining position of trust. If you are charged with sexual assault by one in a position of trust, it is best to consult with an experienced criminal defense attorney about whether you meet any of the definitions listed above.

Reach Out to a Castle Rock Sexual Assault Defense Lawyer Today

With our extensive experience and proven skills, we are fully equipped to take the helm of your case, boasting a solid track record in defending the accused. Our commitment to comprehensive investigations ensures that, whether your case heads to trial or not, you’re positioned with the utmost leverage. Trust in our collective dedication to building a robust defense for you, aiming to significantly enhance the likelihood of a favorable outcome. Don’t let your future hang in the balance; join us in navigating your legal challenges together. Contact a Castle Rock Sexual Assault Defense Lawyer for a free consultation.