Colorado sexual assault law imposes some of the most severe criminal penalties in the state. Under C.R.S. § 18-3-402, a sexual assault allegation can expose a person to prison, mandatory sex offender sentencing, and lifelong collateral consequences that extend far beyond the courtroom.
At the same time, facing a sexual assault accusation in Colorado feels overwhelming for most people. In practice, courts often decide these cases not through physical evidence alone, but through issues of consent, credibility, and context. For that reason, understanding how Colorado sexual assault law actually works—and what the prosecution must prove—plays a critical role in protecting your rights from the very beginning.
If law enforcement is investigating you or the State has charged you under C.R.S. § 18-3-402, early decisions matter. As a result, a confidential consultation can help you understand the charge, preserve evidence, and avoid mistakes that may follow you for years.
Call now or request a confidential consultation.
Colorado sexual assault law criminalizes knowingly inflicting sexual intrusion or sexual penetration under specific circumstances defined by statute. However, contrary to common belief, prosecutors do not need to show physical injury, visible force, or a stranger encounter to file charges.
Instead, the statute focuses on whether valid consent existed and whether the surrounding facts meet precise legal definitions. Because of this, many cases turn on nuanced factual disputes rather than obvious physical evidence.
Importantly, because Colorado sexual assault law is highly technical, effective defense strategies often focus on whether the alleged facts actually satisfy the statute’s required elements.
Prosecutors may charge a person with sexual assault if any one of the following circumstances applies:
In some cases, the allegation centers on whether the accused knew the other person did not consent to the sexual act. By contrast, other cases focus on capacity rather than consent.
In those situations, the State alleges the person could not appraise the nature of their conduct due to intoxication, drugs, unconsciousness, or mental condition.
Additionally, charges may arise when someone submits while mistakenly believing the actor is their spouse.
For example:
The alleged victim is under 15 and the accused is at least four years older
The alleged victim is 15 or 16 and the accused is at least ten years older
Meanwhile, in custodial or institutional settings, prosecutors may claim the accused used a position of authority to coerce submission.
Similarly, allegations can arise when someone purporting to offer medical services engages in sexual conduct without a legitimate medical purpose.
Finally, the State may file charges if it alleges the person was physically helpless, the accused knew it, and consent did not exist.
To obtain a conviction, prosecutors must prove every element beyond a reasonable doubt. Specifically, the State must establish that:
Sexual intrusion or sexual penetration occurred
The defendant acted knowingly
One or more statutory circumstances existed
The act occurred without lawful consent
Because each element is required, a failure to prove even one prevents a lawful conviction. Accordingly, defense strategies often focus on isolating and challenging the weakest links in the prosecution’s case.
Sexual assault charges carry different felony classifications depending on the alleged circumstances:
This level applies in certain age-difference cases involving 15- or 16-year-olds. In limited situations, a person may later petition for removal from the sex offender registry.
More commonly, prosecutors charge sexual assault as a class 4 felony. As a result, the case carries presumptive prison sentencing and mandatory sex offender sentencing requirements.
If the allegation involves physical helplessness, force, threats, or drugs used to cause submission, the charge may escalate to a class 3 felony.
At the highest level, allegations involving serious bodily injury, deadly weapons, or multiple perpetrators can result in a class 2 felony.
Beyond incarceration, a conviction may also result in indeterminate sentencing, sex offender registration, lifetime supervision in some cases, and severe employment, housing, and licensing restrictions.
Even before a conviction, sexual assault allegations can affect protection orders, bail conditions, employment, and family relationships. Therefore, speaking with a Colorado defense lawyer early provides clarity about exposure and next steps.
Talk with a lawyer about your realistic options now.
Sexual assault cases are defense-driven, not assumption-driven. Accordingly, common defense strategies include:
For instance, evidence of affirmative consent, relationship context, and communications before or after the alleged incident can play a central role.
Likewise, defense attorneys often scrutinize inconsistent statements, delayed reporting, and motives to exaggerate or fabricate allegations.
In many cases, the defense focuses on whether intoxication actually rose to the level of legal incapacity.
Additionally, illegal searches, improper interrogations, and Miranda violations can lead to suppressed evidence.
Finally, some allegations do not meet statutory definitions or fit a lesser—or non-criminal—offense.
Strong outcomes often result from early action. By preserving evidence, controlling narratives, and challenging unlawful police conduct at the outset, defendants can avoid long-term damage.
Request a confidential consultation to map a defense strategy now.
In practice, sexual assault charges frequently arise from:
College or social encounters involving alcohol
Relationships that deteriorate after consensual intimacy
Medical or therapeutic settings
Custodial or institutional environments
Overlapping family, divorce, or civil disputes
Sexual assault allegations often intersect with:
Unlawful Sexual Contact
Sexual Assault on a Child
Sex offender registration laws
Protection orders and firearm restrictions
Because these statutes interact, understanding their overlap often shapes defense strategy.
If you are under investigation or charged, act carefully. First, avoid speaking with law enforcement without counsel. Next, preserve texts, messages, and digital evidence. At the same time, avoid contact with the accuser and do not discuss the case publicly or online.
Ultimately, contacting a defense lawyer immediately can protect your rights and prevent avoidable mistakes.
What is sexual assault under Colorado law?
Sexual assault occurs when a person knowingly inflicts sexual intrusion or penetration without consent or under specific statutory circumstances involving incapacity, age differences, authority, or physical helplessness.
Is physical force required?
No. Instead, many cases turn on consent, capacity, or authority rather than violence.
What if both people were intoxicated?
Intoxication alone does not decide the case. Rather, prosecutors must prove legal incapacity and knowledge, making these cases highly fact-specific.
Can sexual assault charges be dismissed?
Yes. Courts may dismiss charges when the prosecution cannot prove the required elements or when legal or evidentiary problems exist.
Should I talk to police if accused?
In most situations, no. Statements made without counsel often become the foundation of the prosecution’s case. Speaking with a defense lawyer first is critical.
If you or a loved one faces a sexual assault allegation in Colorado, you deserve a defense that is strategic, disciplined, and trial-ready. Consultations are confidential.
Call today or request a private case review.
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