C.R.S. § 18-3-402
There are several types of rape:
Forcible Rape - forcing someone to have sexual intercourse or sodomy against their will.
Statutory Rape - having sex with a person under the age of 17 and being 10 years older than the "victim" or the person is under the age of 15 and being 4 years older than the "victim."
Date Rape - Quite often drugs and/or alcohol are involved. The "victim" does not have the capacity to consent to sexual activity.
All of these fall under the Colorado Sexual Assault statute - C.R.S. § 18-3-402 and carry very severe penalties including lifetime imprisonment, lifetime registration, sex offender evaluation and sex offender treatment. Immediately contacting the right attorney could help you avoid these harsh sentences.
When the police have a report of rape, their first response, after the "victim" tells them who they believe did this, is to immediately make contact with the accused. They will then use different tactics to obtain a confession; such as, pretext phone calls or a visit to clear thing up or to just get your side of the story. If you are accused - DO NOT TALK TO THE POLICE ABOUT THE CHARGES ! Anything you say could prevent possible defenses and quite possibly give the prosecution exactly what they need to convict you. DEMAND TO HAVE YOUR ATTORNEY PRESENT BEFORE ANY QUESTIONING.
In any charge of rape, DNA and other types of evidence can be a factor. However, many times the case boils down to the "victim's" testimony and you will need the experience of an attorney who is skilled and willing to aggressively cross-examine the alleged victim to highlight the inconsistencies of their story and get your life returned to you.
Police only provide the prosecutors with the evidence to convict you. Most times there is other evidence which could make the prosecutor change their minds about what charges are filed or even convince them to drop charges altogether. Quick investigation by your attorney can make all the difference in the world.
Do not hesitate to contact the Law Office of David L. Owen, Jr. to protect your rights and your future.
