Rape Defense Lawyer
Rape Defense Lawyer – Get The Best
This page covers what rape is, legally defines in Colorado, how an investigation into an accusation of rape works, and how to find the best rape defense lawyer if you are accused of rape.
Colorado’s Rape Laws & Punishment
Rape is defined as any sexual act directed against another person, without the consent of the other person. Rape may include sexual touching, sexual assault, sexual penetration, and other sexual acts without consent.
Rape is a serious crime in Colorado – probably as serious as it gets. If the victim is under 18 years of age, the offender can be charged with rape on a child, a Class 4 felony.
Rape can include any type of unwanted sexual activity, regardless of whether the person is a man, woman, or another child. So, for example, rape can occur between a woman and a man, between two men, between two women, or between an adult and a child.
Four Defined Charges For Rape
Class 1 Misdemeanor: If the victim is between 15 and 17 years old and the alleged perpetrator is 10 years old or older, this is a Class 1 misdemeanor. Typical punishment for a conviction is 6 to 8 months in prison and a fine of $500 to $5,000
Class 2 Felony: If a serious bodily injury has occurred during a rape, or if one or more people aided or abetted in the alleged rape then those convicted will face 8 to 20 years in prison plus a fine ranging from $5,000 to $1,000,000.
Class 3 Felony: If the alleged victim is designated as physically helpless and they do not consent to the sexual activity, then the crime is defined as a Class 3 Felony. This can also be true if the alleged rape occurred in conjunction with violence, injury, death, pain or kidnapping. In addition if the victim’s mental capacity has been diminished with or without his or her consent, the Class 3 Felony applies. Punishments may include 4 to 16 years in prison with a 5 year parole, and a fine of $3,000 to $750,000.
Class 4 Felony: All crimes not listed specifically above can result in a Class 4 Felony, with 2 – 8 years prison time and fines of $2,000 to $5,000,000.
Sexual Assault On A Child: A conviction of sexual assault on a child is either a Class 1 Misdemeanor or a Class 4 Felony, depending on circumstances.
Age Of Consent
Colorado’s age of consent is 17. For victims 14 years old and younger, a 4 year age difference is allowed. For example a 14 year old can legally consent to intercourse with a 16 year old, but not with an 19 year-old person.
In addition, a 15 year old can legally consent to sex with a 22 year old person, but not with someone 26 years old.
Given the amount of prison time and excessive fines for a rape conviction, you need a great rape defense lawyer.
How Does a Rape Investigation Work?
In many rape cases, law enforcement officials are the first to receive an allegation that someone has been assaulted. Depending on the circumstances of a specific case, medical personnel or a rape nurse examiner (known as a sexual assault nurse examiner or SANE) may also be involved.
Police officers, detectives, or special agents conduct an investigation to learn what actually happened between the parties. They gather evidence and ask questions to find out if the victim is telling the truth. They also try to find out if the accused person is being accurate and consistent with his or her account of the crime. During an investigation, officers try to maintain the privacy of the victim.
It’s important to remember that when an officer arrests a suspect, they have to presume to have enough evidence to find that person guilty in a court of law.
How a Law Enforcement Investigation Works in Colorado In A Rape Case
If you’re the victim of a rape, you should report the crime to the police ASAP. Law enforcement will conduct a thorough investigation and collect evidence to help prosecute the offender.
If law enforcement receives a report of rape and determines there is enough evidence that the offender can be charged with a crime, they will typically begin an investigation. Investigators will try to talk to the victim and the accused offender. Additionally, they will try to determine who else may have information about what happened, who changed their story during the investigation, and what forensic evidence (like DNA) is present.
Investigators will try to find out who the victim and offender were with, where the event took place, and what the victim was wearing.
If law enforcement determines that the evidence is strong enough, they may file charges against the offender. The type of charges filed will depend on whether the victim was under 18 years of age and the offender was under 18 years of age.
- If the offender is over 18 but under 21 years of age and the victim, they can be charged with rape on a child, a Class 3 felony.
- If the victim is under 18 and the offender is over 18 but under 21, the offender can be charged with rape on a child, a Class 2 felony.
- If the victim is under 18 and the offender is over 18 but under 21, the offender can be charged with rape on a child, a Class 1 misdemeanor.
If You’re Accused of Rape
If you’re accused of rape, you need to take the matter VERY seriously. First, you should talk to a Colorado Springs criminal attorney immediately. An attorney can help you understand the legal process and can represent your interests in court.
Remember – a rape conviction carries two years to a life sentence in prison plus being listed on the Colorado Sex Offender Registry for life.
If you’re arrested and charged with rape, you need the absolute best rape defense lawyer you can find. The Law Office Of Jeremy Loew has experience successfully defending rape charges. Give us a call now – always a Free Case Review.
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