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Accused of a Sex Crime in Colorado?

Charged with Rape in Denver?

Serving Denver, Douglas, Jefferson, Arapahoe and Adams Counties

If you have been charged with rape, it is imperative to speak with a rape defense lawyer as soon as possible. The penalties for sex crimes in Colorado can be especially severe. At the Law Offices of David L. Owen, Jr., P.C, the legal team defends people who have been charged with rape and other sexual offenses. To schedule a free consultation to discuss your defense options, contact the firm today.

Call (303) 622-3281 or fill out an online contact form here for more information.

Understanding Rape Charges in Colorado

Under Colorado law, rape is a knowing act of unwanted sexual penetration. Rape occurs if:

  • the sexual act is against the victim’s will,
  • the victim is inebriated, high, or otherwise mentally debilitated, or
  • the victim is physically helpless (such as being asleep).

Be aware that the age of consent in Colorado is 17 years old, and the age of those involved in the charge will determine the severity of your case.

There are several types of rape charges:

  • 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 while you are 10 years older than them or having sex with a person under the age of 15 and being 4 years older than them.
  • Date rape - Involving drugs and/or alcohol, where the alleged victim does not have the capacity to consent to sexual activity.

All of these falls under the Colorado Sexual Assault statute C.R.S. § 18-3-402 and carry very severe penalties, including lifetime imprisonment, lifetime sex offender registration, sex offender evaluation, and sex offender treatment.

Rape is considered a Class 4 felony when the defendant did not use force and the victim is not injured. The penalties for this category of rape includes 2-8 years in prison and/or $2,000-$500,000 in fines.

Rape is a Class 3 felony when the sexual act was committed by:

  • the use of physical force or violence,
  • the threat of physical force or violence,
  • drugging of the victim without their consent,
  • a believable threat of imminent death, serious bodily injury, extreme pain, or kidnapping, or
  • a believable threat of future retaliation against the victim or any other person.

The sentence for a Class 3 rape felony is 4-16 years in prison and/or $3,000-$750,000 in fines.

Note that in all cases of rape convictions, the defendant will also be required to register as a sex offender. Immediately contacting an experienced sex crime attorney can help you avoid these harsh sentences by arguing for mitigated charges.

What to Do if You Have Been Charged with Rape

When law enforcement receives a report of rape, their first response, after the alleged 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, a visit you made to the victim to clear things up, or to hear your side of the story. If you have been accused, do not speak with officers 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.

Law enforcement officers only provide the prosecutors with the evidence to convict you. Most times, there is other evidence which could make the prosecution change their minds about what sex crime charges are filed or even convince them to drop charges altogether. Quick investigation by your attorney can make all the difference in the world.

Some common defense strategies you and your attorney might take could be showing that:

  • no sexual penetration or intrusion took place,
  • the sex was consensual,
  • you are the victim of mistaken identity,
  • you were falsely accused,
  • the victim regretted the sex and later claimed it was rape.

Contact a Denver Sex Crimes Defense Lawyer for a Free Consultation

Do not hesitate to contact me to protect your rights and your future. I am dedicated to every single one of my clients and their rights. I understand the difficult situation you are experiencing, and my goal is to help you get through this time with confidence. When you need skilled legal counsel, trust me to advocate on your behalf in an effective manner.

Call (303) 622-3281 or contact my firm online to request your free consultation today!

Tough Defense Strategies for Tough Criminal Charges

  • Fight to reduce, dismiss, or acquit your charges.

  • Keep you informed of your case at all times.

  • Available for evening, weekend appointments and jail visits.

  • Former first assistant federal public defender.

  • Complimentary and confidential consultations.

  • Will travel to you to hear your side of the story