- Practice Areas
The crime of sexual assault occurs when one person subjects another person to sexual intrusion or sexual penetration.
To prove that a defendant committed the criminal offense of sexual assault, four year age difference, the prosecutor must prove each of these elements:
In short, the sexual assault (four-year age difference) statute makes it a crime for two people to have sex if they are not married and one of them is under the age of 15 and the other is at least four years older than the other. Sexual assault is a very serious crime, and you should hire a Colorado criminal lawyer represent you and protect your rights.
Example 1: A 19-year-old college freshman comes home between semesters to visit some friends. While he is home, he goes to a high school party and hooks up with a high school freshman who is 14 years old. She was sober when they hooked up and he didn’t use any force against her.
Example 2: An 18-year-old high school student decides to start tutoring to make some extra money. He begins tutoring a 14-year-old middle school student. They end up having sex during one of their tutoring sessions. The 14-year old was sober when they had sex and the 18-year-old didn’t use any force against her.
Consent may be an available defense to sexual assault. Consent occurs when one person voluntarily agrees to the request of another to do something sexual. Consent can be implicit or explicit. Implicit consent happens when one person’s actions lead another person to believe they have consent to perform a sexual act. Explicit consent occurs when one person tells another person they consent to a specific sexual act.
Sexual Assault (Causing Submission of the Victim) is a felony in the State of Colorado. It carries an indeterminate sentence. The possible penalties can be a sentence to the Department of Corrections from a minimum of two years up to a maximum of the rest of a defendant’s life. Additionally, a person convicted of sexual assault will be required to register as a sex offender and be placed on a sex offender registry. Judges and prosecutors do not like sex assault charges. It is one of those offenses that presents a high risk of actual prison time even for first offense. This is especially true for cases involving the submission of the victim.