Larimer County Sexual Assault Defense Attorney

Do you need a Larimer County Sexual Assault Defense Attorney? Contact an experienced sexual assault and rape lawyer in Ft. Collins for a FREE consultation.
Fort Collins, Loveland and Estes Park police will arrest your for Sexual Assault – C.R.S. 18-3-402, if you are accused of forcing someone to have sex with you against their will. This is often called rape, or date rape. If you have been falsely accused, you need an experienced Larimer County sexual assault defense attorney on your side. A sex crime conviction will greatly affect your life. We often help good people like you to gain their freedom.

What is Sexual Assault and Rape?

According to Colorado Statute, felony sexual assault is committed when a person “knowingly inflicts sexual intrusion or sexual penetration on a victim,” under one of the following circumstances:

  • The defendant caused “submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will,”
  • The defendant knew that the victim was “incapable of appraising the nature of the victim’s conduct.”
  • The defendant knew that the victim “submits erroneously, believing the actor to be the victim’s spouse.”
  • At the time of the act, the “victim is at least fifteen years of age but less than seventeen years of age” and the defendant is “at least ten years older than the victim and is not the spouse of the victim.”
  • The victim is “in custody of law or detained in a hospital or other institution” and the defendant has “supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim.” (Unless the act is incident to a search that is lawful).
  • The victim is “physically helpless” and the defendant “knows the victim is physically helpless,” and the victim has “not consented.”

In essence, if a person forces, coerces, threatens, takes advantage of, manipulates, or deceives another person in order to have a sexual encounter, they will be charged with sexual assault in Larimer County. This crime is commonly known as rape.

What is the Sentence for Sexual Assault and Rape in Larimer County?

There are many circumstances which are considered when the sentence for rape is decided by a judge. The sentences range from a fine of $2,000 – $1,000,000 and 2-24 years in the Colorado Department of Corrections. For example, sexual assault is a Class 4 felony, unless the victim suffered serious bodily injury, in which case it becomes a Class 2 felony. There are many considerations involved with rape charges; with indeterminate sentencing, it is vital for your freedom to have a Larimer County sexual assault defense attorney by your side to be your advocate in court.

Why Am I Being Charged with Rape or Date Rape?

Sexual assault allegations often arise from common occurrences. For example, a female coworker might accuse you of rape after you had too many drinks together after work and decided to have sex. You thought it was consensual. She doesn’t remember saying yes. The law states that since she was physically helpless (intoxicated) to resist, and may or may not have given you consent, she can accuse you of sexual assault. There have been cases of women who accuse someone of rape to hide their own wrong, such as cheating on a spouse. Manipulation, revenge, and leverage are all reasons for someone to accuse another person of rape. You need a sexual assault defense attorney to fight on your behalf, and look for DNA evidence (or the lack of evidence) to clear your name.

Why Do I Need a Larimer County Sexual Assault Defense Attorney?

Sexual assault is a serious offense in Colorado. It is subject to in determinate sentencing, which means there is no upper limit to how long you could be sentenced to prison. Also, rape is a sex offense, so once the Colorado Parole Board decides that you are safe enough for society to be released on parole, you must register as a sex offender and undergo sex offender treatment under the harsh rules of the Sex Offender Management Board, who believes you are incurable and dangerous. You need an advocate in court. You need someone to present the truth of what really occurred, and to get your case dismissed. Don’t go into court alone. Have a trustworthy Larimer County sexual assault defense attorney by your side.

If you or a loved one has been accused of sexual assault or rape, contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.

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