If you are facing sex charges, the first step is to identify exactly what you are charged with. Colorado prosecutors often file charges based on sexual assault or unlawful sexual contact. These two commonly prosecuted crimes have very different definitions and potential consequences, so it’s vital that you understand which set of criminal charges you are facing. An experienced criminal defense attorney from The Law Offices of Elaine E. Lukic can review the charges and explain them to you during a free and confidential case review.
Sexual Assault Defined
Sexual assault is a broad term that covers a wide variety of sexual acts that involve sexual penetration or intrusion. Under Colorado’s sexual assault law, a person commits sexual assault when sexual penetration or intrusion occurs because of any of the following:
- The alleged perpetrator uses force to get the alleged victim to submit.
- The alleged perpetrator causes the act, knowing the alleged victim does not consent.
- The alleged perpetrator knows the alleged victim is incapable of understanding the circumstances to provide consent.
- The perpetrator knows the victim submits by mistake, believing the perpetrator to be their spouse.
- The perpetrator uses their position as a law enforcement officer, medical provider, or mental health institution to cause the victim to submit.
- The victim is physically helpless and the perpetrator knows this.
- The victim is a minor and the perpetrator is much older.
The circumstances surrounding the submission to sexual penetration or intrusion are pivotal in classifying the offense. Sexual assault offenses in Colorado can range from misdemeanors to felonies. The classification of a sex crime can depend on various factors, such as:
- The alleged victim’s age
- The alleged perpetrator’s age
- Whether force was involved
- Whether the threat of force was involved
- Prior criminal history
- The relationship between the parties
Unlawful Sexual Contact Defined
Unlawful sexual contact in Colorado is defined as knowingly subjecting a victim to any sexual contact under any of the following circumstances:
- The actor knows the victim does not consent.
- The actor knows the victim is incapable of understanding the situation and therefore cannot provide consent.
- The victim is physically helpless and the actor knows this and that the victim has not consented.
- The actor used a drug, intoxicant, or other means to impair the victim’s power to understand the situation or control the victim’s conduct.
- The victim is in the custody of the law or detained in a hospital or other institution, the actor has supervisory or disciplinary authority over the victim, and they use this authority to coerce the victim into consenting.
- The actor engages in treatment or examination of a victim for purposes other than bona fide medical purposes.
Penalties for Sexual Assault and Unlawful Sexual Contact
One of the most significant differences between sexual assault and unlawful sexual contact is the potential penalties a defendant can face if convicted of this offense. Sexual assault is a serious felony in Colorado, which can result in:
- Prison time, ranging from two years to life, due to indeterminate sentences
- Fines of up to $1 million
- Years of parole
- Lifetime supervision as a sex offender
- Mandatory registration as a sex offender
Unlawful sexual contact can be charged as a misdemeanor or a felony, depending on the circumstances. Even when charged as a misdemeanor, it’s considered an extraordinary risk crime, allowing for maximum sentencing, which carries a term of incarceration of up to two years and a fine of up to $5,000.
Contact Us for Help Protecting Your Rights
You don’t have to face these charges alone. Call the Law Offices of Elaine E. Lukic at (888) 565-2217 or contact us online for a free case review.