Consent is one of the most important concepts involved in sexual assault cases, as it is often in dispute. If the alleged victim consented to the sexual activity, no crime may have occurred, and the defendant should be released from all criminal charges. However, if the judge or jury determines the alleged victim did not consent, this can lead to a conviction or a harsher sentence.
An experienced criminal defense attorney from The Law Offices of Elaine E. Lukic can explain the legal definition of consent, factors that can cause it not to be available, and how a lack of consent can affect your criminal proceedings.
The Legal Definition of Consent in Colorado
Consent is the agreement to engage in a specific act. In the context of sexual activity, it is the agreement to engage in the activity. Consent must be freely and voluntarily given by someone with legal capacity to give it for it to be valid. It must not be agreed to because of coercion, force, or impairment. All parties must clearly understand the nature of what they are consenting to.
Consent cannot be assumed from silence, not resisting, or previous relationships. Consent must be clear and unambiguous. Simply because someone consented to a former sexual activity with someone in the past does not mean they consent to future activity. Additionally, either party involved in the sexual activity can revoke consent at any time during the sexual activity. Agreeing to one form of sexual activity does not mean they consent to another.
The Role of Consent in Colorado Sexual Assault Cases
Consent is often at the forefront of a sexual assault case. The defendant may say the alleged victim consented, while the other party denies this. Colorado’s sexual assault laws provide for varying degrees of severity in how the case is charged, which reflect various levels of severity and intent. The legal system considers the context of consent to determine the appropriate classification of the offense the defendant is charged with. The interpretation of consent often significantly impacts these types of cases.
Cases in which consent is disputed are often complicated. The lack of physical evidence or witnesses can make it difficult to prove consent or its absence, which puts greater weight on the credibility of the parties.
When Consent Is Invalidated
Even if the alleged victim expressly agreed to sexual activity, there are some situations in which this consent is invalidated, such as when:
- The victim is under the age of consent.
- The defendant used force or threats to compel submission.
- The alleged victim has a physical or mental disability that prevents them from being able to legally provide consent.
- The alleged victim was incapacitated due to drugs or alcohol.
Contact Us to Discuss Your Case in a Confidential Setting
Due to the complexities surrounding consent, it’s imperative that you seek capable legal representation if you are facing charges for sexual assault. Elaine E. Lukic is a former sexual assault prosecutor and skilled criminal defense attorney, so she understands the intricacies and nuances involved in consent issues. Call The Law Offices of Elaine E. Lukic today at (888) 565-2217 or contact us online for a confidential review of your case.