Elements of sexual assault on a child include any form of sexual contact with a person 14 years of age or younger, if the age difference between the perpetrator and the victim is four years or more. The permissible age difference depends on the age of the alleged victim: legal rape is a crime in which a person has sexual relations with a person who has not reached the age of consent. This falls under the category of sexual assault, which, depending on the age difference and sexual acts between the two individuals involved, can result in very serious consequences, ranging from offences to criminal charges. According to this law, minors under the age of 14 may consent to sexual acts, provided that the age difference between the minor and the actor is four years or less. The law also stipulates that a person who has not reached the age of consent but is over 14 years of age may perform sexual acts with a person ten years older. For example, under the Romeo and Juliet Act, a 15-year-old can have consensual sex with a 23-year-old, but a 16-year-old may not agree to have sex with a 27-year-old. A 14-year-old may also agree with a 16-year-old, as the age difference does not exceed four years. If a person is legally married before the age of consent, even if the age difference is greater than 10 years, that person can legally consent to have sex with their spouse. A person who is 16 years of age or younger and legally married can consent to sexual intercourse with their spouse, even if the age difference is more than ten years. The age of consent in Colorado is 17. As in other states, when a minor is involved, the age difference plays an important role in criminal charges.
It is important to note that some defenses are not available. This includes consent and factual error. None of these defenses can work against a violation of the Dating Act. Colorado`s dating laws come from CRS 18-3-402. It is the same law that defines sexual assault. It also defines legal rape. Lol Even if the sex is consensual, a person who has sex with a person under the age of sexual consent is guilty of violating Colorado`s legal rape laws, even if the other person consented to the sexual acts. The age of consent is the age at which a person has the legal authority to consent to sexual acts. Sexual activity with a person under the age of consent can never be consensual – whether that person consents verbally or not – and can be considered legal rape or sexual abuse.
The information will be published and made available to the public at the following address: No. Even if the sex itself is consensual, people under the age of 17 may not agree to have sex with someone over the age of 17. In this case, the older party is still guilty of a crime, even if the younger partner has agreed to participate in the sexual acts. This also applies if the younger party has not only accepted, but also initiated the sexual interaction. A person commits Class 4 sexual assault if they are at least 4 years older than a minor 14 years of age or younger.2 This extraordinary, high-risk crime is punishable by two to eight years in prison or a fine of $2,000 to $500,000, or both. A person commits the crime of sexual assault if he or she is 10 years older than a minor under the age of 15 or 16. A person convicted of this crime is guilty of a Class 1 sexual assault offence. Sexual assault is considered an “extraordinary high-risk crime” that allows for a harsher sentence. The increased penalty for this extraordinary high-risk crime ranges from six to 24 months in prison, or a fine of $500 to $5,000, or both.
A strong defense against a violation of Colorado`s dating law is that the victim is making false accusations. Arranging a meeting with a child under the age of 15 with the intent to commit sexual acts with him is a Class 4 crime. Internet attracts a child under the age of 15 is a Class 5 crime.Example: Claire is a 14-year-old girl and decides to have sex with Anthony, who is 17. Although she has not reached the technical age of consent, Anthony is less than four years older (and therefore falls under Colorado`s age exemption law), so they can opt for sex without violating legal rape laws. If Anthony were 21 instead, he could be criminally charged because Claire is too young to agree to have sex with him. However, if a person who is over the age of consent has sex with someone who has not reached the age of consent, that person could potentially face legal rape charges in Colorado. A good criminal defense attorney can help you determine if your sexual charge is a crime or misdemeanor in Colorado. The false accusation claims that the victim is thinking for an ulterior motive. This ulterior motive may be: Yes, it is possible. Colorado has a Romeo and Juliet law.
A minor in Colorado may consent to sexual intercourse with a person under the age of 4, provided certain provisions apply. Being convicted of legal rape in Colorado can lead to a number of serious consequences, including: A young person under the age of 15 may choose to have sex with someone under the age of 4. Registering as a sex offender does not limit where you live or where you can go. However, this leads to social stigma. It can also limit your job prospects. Note that the honest belief that the child was at least 17 years old – called factual error – is not a defense. Indeed, legal rape is a crime of strict responsibility.7 However, if the minor is 15 or 16 years old, the perpetrator is guilty of a class 4 crime after the same act. This means that a 16-year-old could agree to have sex with a 25-year-old because the older person is less than 10 years older than the younger person. Colorado has a “near-aging” exception, better known as the “Romeo and Juliet Law.” This states that anyone under the age of 15 can legally agree to have sex with a person who is no more than 4 years old. Even a person under the age of 17 can legally agree to have sex with someone who is no more than 10 years old. Legal rape is a tricky thing to navigate, as the rules and laws around it vary from state to state. Colorado has the following laws regarding legal rape: Two psychiatrists will perform the exam.
If the court has ruled that you pose a danger to the public, it may sentence you to a civil obligation rather than imprisonment.7 Often, defendants argue that the minor not only consented, but offered and initiated the sexual encounter. The fact that it is not a violent rape does not matter. If two people live together for a certain period of time and consider themselves married, they may be treated as legally married in the state of Colorado. People convicted of criminal rape become sex offenders. They may face a civil obligation instead of being released from prison. You must register as a sex offender even after your release. The age of consent in Colorado is 17, which means that only people over the age of 17 can legally consent to sex. Colorado`s age of consent is seventeen (17) years under state law (CRS 18-3-402). Couples in this age group may have consensual sex. This means that a person who is 17 years of age or older can consent to sexual intercourse with another person, regardless of age. A 17-year-old could opt for sex with: If you are facing any of the above charges, Anaya-McKedy, PC, can provide you with professional legal assistance, advice, and defense.
Contact us today at 719-259-5516 to schedule an initial consultation. CRS 18-3-402 does three things to create Colorado`s rules for minors: The charge of sexually assaulting a child is a crime closely related to legal rape. If a person: This page analyzes the so-called crime of legal rape in Colorado – “non-legal consensual sex” versus an age range of “legal consensual sex.” Under Colorado law, a defendant`s knowledge or lack of knowledge of the other person`s age does not matter. In Colorado, you must be at least 18 years old to get married. However, there are two exceptions to this rule: Your miscarriage is also not a defense against a legal charge of rape. CRS 18-3-402 does not require that your conduct be intentional. You don`t even have to know that the other person was a minor. That`s because Colorado`s dating laws are meant to protect young people from older sexual predators. To do this, the law does not care if you did not know that the other person was a minor. Again, the laws surrounding legal rape are difficult to navigate and understand.
Therefore, it`s best to seek legal advice from a qualified criminal defense attorney if you`re charged or under investigation for legal rape in Colorado.