Sexual Assault Charges in Colorado

Sexual assault under C.R.S. 18-3-402

Sexual assault requires sexual intrusion or sexual penetration, inflicted knowingly, when one of these is true (C.R.S. 18-3-402(1)):

• The person knew the other individual did not consent
• The person knew the other individual could not understand the nature of the conduct
• The other individual submitted believing the person was their spouse
• The other individual was under 15, and the person was at least four years older and not their spouse
• The other individual was 15 or 16, and the person was at least ten years older and not their spouse
• The other individual was in custody or detained, and the person used supervisory authority to coerce submission
• The person, while purporting to offer a medical service, performed a treatment or examination for a non-medical purpose
• The other individual was physically helpless, the person knew it, and there was no consent

How sexual assault is classified

Source: C.R.S. 18-3-402(2) to (5).

For offenses on or after July 1, 2020, Colorado’s presumptive ranges are 1 year to 18 months for a class 6 felony, 2 to 6 years for a class 4, 4 to 12 years for a class 3, and 8 to 24 years for a class 2 (C.R.S. 18-1.3-401). For felony sexual assault, those ranges are only the starting point. See the Lifetime Supervision section below.

Sexual assault on a child and position of trust

Two separate statutes cover sexual contact, touching rather than penetration, with a child.

When a child sexual assault charge is a class 3 felony based on force, threats, or a pattern, the court must sentence under the crime of violence statute (C.R.S. 18-3-405(3); 18-3-405.3(4)).

A “pattern of sexual abuse” allegation changes the case. The prosecution does not have to allege a specific date or time for the pattern (C.R.S. 18-3-405(2)(d)). That makes these cases harder to defend on timeline alone, and it puts even more weight on the details of each account.

When there is no penetration: unlawful sexual contact

When the allegation involves an adult and touching rather than penetration, the charge is usually unlawful sexual contact under C.R.S. 18-3-404. It is generally a class 1 misdemeanor and becomes a felony in specific circumstances. It is also a lesser included offense of sexual assault, so it often appears as an alternative charge.

The Lifetime Supervision Act: why felony sexual assault is different

Anyone convicted of felony sexual assault is sentenced under Colorado’s Lifetime Supervision Act (C.R.S. 18-3-402(6)). A prison sentence under that Act is indeterminate. The court sets a minimum term, and the maximum is the person’s natural life (C.R.S. 18-1.3-1004(1)(a)). Where the offense is a crime of violence, the minimum must be at least the midpoint of the presumptive range (C.R.S. 18-1.3-1004(1)(b)).

Release is not automatic at the end of the minimum. It depends on treatment progress and a parole board decision. This is why the classification of a sexual assault charge, and whether it can be challenged or reduced, is never a technicality.

Sex offender registration

Sexual assault, sexual assault on a child, and sexual assault on a child by one in a position of trust are all “unlawful sexual behavior” under Colorado’s registration law (C.R.S. 16-22-102(9)), and a conviction for unlawful sexual behavior requires registration (C.R.S. 16-22-103). Registration affects housing, employment, travel, and family life for years, and in some cases for life. See Colorado sex crime laws for how the registry works.

The statute of limitations for sexual assault in Colorado

Colorado has extended these deadlines repeatedly, and the rule that applies depends on the date of the alleged offense.

• Felony sex offenses against a child: no statute of limitations (C.R.S. 16-5-401(1)(a))
• Felony sexual assault of an adult: 20 years from the offense under the published statute (C.R.S. 16-5-401(8)(a.7)), and no limit where DNA identifies the person accused and the offense was reported to law enforcement within 20 years

In practice, that means an allegation about events from many years ago can still be charged. It also means evidence that would have existed then, including witnesses, messages, and records, may be gone, and that cuts both ways.

Where these cases are actually decided: the gray area

The state presents a sexual assault case as a single, clear story. Most of these cases are anything but.

• Consent and what each person understood. Many cases involve people who knew each other, sometimes intimately. The history of the relationship, what was said before and after, and how each person behaved often tell a more complicated story than the police report.
• Delayed reports and changing accounts. A report made months or years later is common, and it can be sincere. It also means memories, timelines, and details need careful examination, especially when the account has changed between interviews.
• Forensic evidence. A sexual assault nurse examination, DNA results, and toxicology can support or undercut an allegation. They need to be read closely, often with an independent expert.
• Digital evidence. Texts, social media, location data, and photos frequently decide these cases. Some of it helps the defense, and some of it disappears quickly if nobody preserves it.
• The charged subsection. A class 3 or class 2 allegation rests on specific facts, such as force, threats, drugging, a weapon, or injury. Each of those has to be proven.

We prepare every case for trial from the first day, because that is how you find what the state’s story leaves out. That preparation does not guarantee any result. It is what puts the person accused in the strongest position to negotiate, or to try the case when that is the right call. Whether to go to trial is always your decision.

What to do if you are accused

• Do not talk to police or a detective without a lawyer. A call asking for “your side” is part of the investigation. You have the right to decline and ask for counsel.
• Do not contact the person who made the allegation, directly or through anyone else. A protection order is common in these cases, and contact can become a new charge.
• Preserve everything. Messages, call logs, photos, social media, receipts, and the names of anyone who was present.
• Do not post about it or discuss it with friends or family.

Frequently asked questions