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Colorado Springs Felony Rape Defense Attorneys

Defending Accusations of Sexual Assault and Rape

The criminal act of rape, also known as sexual assault in Colorado, typically defines a crime of sexual intercourse that is committed without the consent of the victim. The act is often carried out with overpowering physical force, threats to further harm the victim, or other sources of intimidation.

As with all criminal cases, the circumstances and severity of each event vary, and so do the punishments, but rape is considered a very serious crime and constitutes severe penalties including long-term jail sentences and life in prison. For Colorado, the laws are detailed in statute 18-3-401.

Consent and Basic Consent

By the dictionary definition, consent is defined as the action by which an individual grants permission for something to occur. Consent is interpreted in a multitude of ways in the context of rape crimes. The following factors are common circumstances of violated consent in rape crimes, which lead to different degrees of punishment in the judicial system, including 20 years or more in prison and millions of dollars in fines. Punishment is compounded for repeat offenses.

If an individual does not grant permission to another individual who is initiating a sexual act, consent has been violated. It is important to note, the victim is not required to say "no" for consent to be considered violated in legal terms. Victims can often be scared or intimidated past the point of verbal capability during rape crimes. Of course, if the victim does verbally protest or physically resist this is a clear breach of consent.

Statutory Rape

Most states consider it unlawful for an adult to engage in sexual relations with a minor who is younger than the state's mandated age of consent. In these cases, consent by a minor is deemed invalid because of age and vulnerability. In Colorado, the age of consent is seventeen years old.

Date Rape

This is a general term that may be applied to many circumstances in which the assailant has a relationship of some kind with the victim prior to the crime. The term "date rape" refers to a couple that may be dating for a period of time before a rape crime is committed, so the individuals are familiar with each other and there is a level of trust established, but the context can be interpreted in many other scenarios as well.

Alcohol and Drug Use

If an individual is physically, mentally, or emotionally impaired by the use of alcohol or drugs, consent is usually negated in rape cases. A person is not able to properly judge circumstances when intoxicated and this is always considered in court. If the assailant assisted in the intoxication of a victim in any way, the charges can be compounded.

Mental Health and Disabilities

Individuals with mental health problems or physical disabilities may be unable to provide consent if they cannot adequately understand a situation involving sexual activity or communicate properly.

Factors of Intimidation or Threats

A rape crime may be committed by intimidating a victim, even without the use of brute force. An assailant may threaten a victim with future personal harm, harm to another individual, or other demands.

Get the Toughest Defense in Colorado Springs

Individuals facing rape charges should consult an experienced Colorado Springs sex crime lawyer for the proper interpretation of their case and the protection of their rights. Call the Colorado Springs rape defense attorneys with The Bussey Law Firm, P.C. at (719) 475-2555 for a free case review today.

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