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Colorado has dating laws and rules for minors about sexual relations. These laws deal with the age of consent in Colorado. Violating them can lead to a criminal charge for statutory rape. Depending on the circumstances, this can be a Class 4 felony. In these cases, consent is not a defense. Statutory rape accusations are difficult to defend against.
However, there are some legal defenses you can use. Some of the most common are:. Importantly, there are some defenses that are not available. These include consent and mistake of fact. Neither of these defenses can work against a dating law violation. They also depend on the ages of the couple. In a worst case scenario, it can be a Class 4 felony. These convictions come with up to:. In this article, our Colorado criminal defense attorneys will explain:. They aim to protect children from older sexual predators.
However, they can penalize young people who have consensual sex with each other. This can impact teenagers who are dating. This is the same law that defines sexual assault. It also defines statutory rape. People who are 16 years old or younger cannot legally consent to sex.
It does not matter if someone under Even in these situations, the law does not recognize their consent. They are not old enough to give it. Example : Gina pulls her boyfriend to bed and takes off his pants. She is 15, though, so she is not old enough to consent. CRS makes it illegal to have nonconsensual sex with someone other than your spouse.
This includes having sex with someone who is not old enough to consent. This is statutory rape. It is prohibited by CRS 1 d and e. Any sexual intrusion or penetration can amount to sex under CRS It allows consenting teens to have sex with each other without committing statutory rape. These include:. However, there are also some defenses that are specifically not available in statutory rape cases.
These are:. The false accusations defense claims that the victim is making things up for an ulterior motive. This ulterior motive can be to:. You can support your false accusations defense with evidence of that ulterior motive.
To get back at them, Teresa accuses Tom of statutory rape. CRS only prohibits sexual conduct on a non-spouse. If you were married to the alleged victim, there is no way for you to break the law. Statutory rape requires sexual penetration or intrusion. If conduct like this did not happen, it can be a strong defense to a statutory rape charge. Proving that there was no sexual conduct, though, is difficult. There are two legal defenses that cannot be used to fight a statutory rape charge. These are the consent of the victim and mistake of fact. If they verbally consent to sex or even initiate sexual conduct, the law sees it as meaningless.
People who are underage can show their consent all they want. The law refuses to recognize it. Your mistake of fact is also not a defense to a statutory rape charge. CRS does not require your conduct to be intentional. It does not even require you to know that the other person was underage. To do this, the law does not care if you did not know the other person was underage.
Those ages are calculated from the time of the offense. If the victim was 14 or younger and you were at least 4 years older , it is a Class 4 felony. Convictions carry up to:. You will also have to register as a sex offender because it is a felony offense. If the victim was 15 or 16 and you were at least 10 years older, it is a Class 1 misdemeanor. Therefore, convictions carry up to:. People who are convicted for felony statutory rape become sex offenders. They can face civil commitment rather than being released from jail.
They will also have to register as a sex offender after release. If you are convicted for felony statutory rape, the court can send you to a mental health facility rather than jail. The decision is made at the sentencing hearing. This happens within 21 days after a conviction. Two psychiatrists will conduct the examination.
If the court decided that you are a threat of harm to the public, it can sentence you to civil commitment rather than jail. After your release from civil commitment or jail, you will have to register as a sex offender. You will also have to register after a second misdemeanor conviction for statutory rape. Registering as a sex offender does not limit where you can live or where you can go.
It does, however, lead to social stigmatization. It can also limit your job prospects. Because statutory rape is a Class 4 felony, you can petition to get off the sex offender registry after 10 years. Some of these are frequently filed with statutory rape charges:.
Our criminal defense attorneys protect people from statutory rape charges. Call us today or online to start your defense. Monchego v. People, 99 P. Examples Dan is This form is encrypted and protected by attorney-client confidentiality. Please attach any citations, booking sheets, police reports or other relevant documents. Attach another file if needed. Examples Dan is 19 and Alice is If they have sex, Dan can be charged with statutory rape.
Legal defenses Statutory rape accusations are difficult to defend against. Some of the most common are: The alleged victim is making false accusations, You were married to the purported victim, and There was no sex. You could also have to register as a sexual offender. In this article, our Colorado criminal defense attorneys will explain: 1.
Penalties for statutory rape under CRS 3. Related offenses to dating laws in Colorado 1. It does not matter if someone under Consents to sexual intercourse, Asks or tells you that they want to have sex, or Instigates sexual intercourse. Statutory rape under CRS CRS makes it illegal to have nonconsensual sex with someone other than your spouse.
The permitted age difference depends on the age of the alleged victim: If the victim is 14 or younger, the other person cannot be more than 4 years older, 1 or If the victim is 15 or 16 years old, the other person cannot be more than 10 years older. These include: The purported victim is making a false allegation, You are married to the purported victim, and There was no sexual conduct. This ulterior motive can be to: Retaliate against you, Publically shame you, or Gain the sympathy of others at your expense.
Marriage CRS only prohibits sexual conduct on a non-spouse. There was no sexual conduct Statutory rape requires sexual penetration or intrusion. Non-defenses: Consent and factual mistake There are two legal defenses that cannot be used to fight a statutory rape charge.Sex with girls Colorado
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