Two terms that are sometimes used together are sexual assault and statutory rape. Statutory rape is even part of Colorado’s sexual assault law. However, there is a major difference between sexual assault not involving a minor and one that does. Here is what you need to know about how these criminal offenses are handled in Colorado.
How Sexual Assault Is Defined Under Colorado Law
CO Rev Stat § 18-3-402 defines sexual assault as knowingly inflicting sexual intrusion or penetration on a victim while doing any of the following (excluding information on statutory rape):
- Knowing the victim does not consent
- Knowing the victim is incapable of understanding the conduct
- Knowing that the victim submits erroneously because they believe the perpetrator is the victim’s spouse
- Knowing the victim is physically helpless and that the victim has not consented
- Committing the act against a victim who is in the custody of law or detained in a hospital or other victim where the defendant has supervisory or disciplinary authority over them and uses their position to coerce the victim to submit (not including a lawful search)
- Purporting to offer a medical service and engaging in treatment or an examination of a victim for a reason other than a medical purpose or in a manner substantially inconsistent with reasonable medical practices
Sexual assault is generally classified as a class 4 felony, which carries a penalty of two to years six years in prison, but it can sometimes be classified as a Class 3 felony when aggravating circumstances are present. A Class 3 felony is punished by four to twelve years in prison.
How Statutory Rape Is Defined Under Colorado Law
Statutory rape is defined much differently than other forms of sexual assault. It has more to do with the actors’ ages than with their actions. The law generally provides that a person cannot legally consent to sexual activity until they reach the age of consent as defined under state law. The age of consent in Colorado is 17.
Exceptions
The age of consent does not apply when the actors are married to each other. There are also exceptions when the actors are close in age to each other. For example, it is not considered statutory rape if the victim is less than 15 years old and the actor is not four or more years older than them. Likewise, it does not apply if the victim is 15 or 16 years old and the defendant is not ten or more years older than them.
Key Differences Between Statutory Rape and Sexual Assault
Sexual assault typically involves force, coercion, or taking advantage of the victim. It may or may not involve minors. Statutory rape always involves minors. It can involve alleged victims who tell the other actor that they want to engage in sexual activity. However, due to their age, they are technically not able to provide consent.
Contact The Law Office of Elaine E. Lukic for Your Confidential Consultation Today
If you are facing criminal charges for sexual assault or statutory rape, the legal team The Law Office of Elaine E. Lukic can help. We can review the charges against you, explain your options for resolving them, and fight to protect your rights. Call us today at (888) 565-2217 or contact us online for a confidential case review.