AM I ENTITLED TO ARGUE CONSENT AS A DEFENSE TO SEXUAL ASSAULT?
Consent can be an important defense to sexual charges. For this reason, the Colorado legislature requires trial courts to instruct the jury on the definition of consent and advise them that it is a defense in the following cases:
Sexual Assault – C.R.S. 18-3-402(1)(a);
Unlawful sexual contact – C.R.S. 18-3-404(1)(a), (1)(c), or (1)(d);
Invasion of privacy for sexual gratification C.R.S. 18-3-405.6; or
Criminal invasion of privacy – C.R.S. 18-7-801
It is worth noting that consent can be a difficult defense to run for inexperienced lawyers who don’t understand how to investigate or try a case. If you are charged with a sexual crime and believe that consent is a defense, contact our office immediately for a free consultation.
