Sexual Assault

Sexual assault charges can arise from a wide range of situations—from accusations of violent encounters with strangers to allegations involving long-term partners or even spouses. In fact, most sexual assault claims come not from strangers, but from existing relationships.

Often, these situations involve alcohol, blurred memories, and misunderstandings. It’s not uncommon for someone to have little or no clear recollection of the events, later claiming assault because they’re unwilling to accept that they consented.

At McClintock Criminal Defense, P.C. in Colorado Springs, Attorney Ted McClintock has successfully defended many individuals accused of sexual assault by carefully showing the full story—demonstrating that someone willingly went home with a partner and only contacted police the next morning out of regret or confusion. Our firm’s exceptional record in these cases comes from deep experience, skilled strategy, and an understanding of how local juries tend to weigh evidence in such sensitive matters.

Even when both people are consenting adults, a sexual assault conviction can carry devastating consequences. Those found guilty may face years in prison, restrictions that prevent them from seeing their own children, and a lifetime requirement to register as a sex offender—affecting every future relationship, job, and place they hope to live.

Don’t underestimate what’s at stake. A sexual assault charge can change your entire life.

If you or someone you care about is facing these allegations, reach out to McClintock Criminal Defense, P.C. today. Our team is here to listen without judgment, stand by your side, and build the strongest possible defense for your future.

Call us now for a free, confidential consultation. Following are the latest revised Colorado statutes for the criminal charge of Sexual Assault:

C.R.S. §  18-3-402. Sexual assault

(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or

(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or

(c) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or

(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or

(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or

(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.

(2) Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4), and (5) of this section.

(3) If committed under the circumstances of paragraph (e) of subsection (1) of this section, sexual assault is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

(3.5) Sexual assault is a class 3 felony if committed under the circumstances described in paragraph (h) of subsection (1) of this section.

(4) Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:

(a) The actor causes submission of the victim through the actual application of physical force or physical violence; or

(b) The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats; or

(c) The actor causes submission of the victim by threatening to retaliate in the future against the victim, or any other person, and the victim reasonably believes that the actor will execute this threat. As used in this paragraph (c), “to retaliate” includes threats of kidnapping, death, serious bodily injury, or extreme pain; or

(d) The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission.

(e) (Deleted by amendment, L. 2002, p. 1578, § 2, effective July 1, 2002.)

(5) (a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist:

(I) In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or

(II) The victim suffers serious bodily injury; or

(III) The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.

(b) (I) If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence the defendant in accordance with section 18-1.3-401 (8) (e). A person convicted solely of sexual assault pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section 18-1.3-406 (2). Any sentence for a conviction under this subsection (5) shall be consecutive to any sentence for a conviction for a crime of violence under section 18-1.3-406.

(II) The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.

(6) Any person convicted of felony sexual assault committed on or after November 1, 1998, under any of the circumstances described in this section shall be sentenced in accordance with the provisions of part 10 of article 1.3 of this title.

(7) A person who is convicted on or after July 1, 2013, of a sexual assault under this section, upon conviction, shall be advised by the court that the person has no right:

(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;

(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;

(c) Of inheritance from a child conceived as a result of the commission of that offense; and

(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.

Colorado Sexual Assault Defense Lawyer Ted McClintock comments on this criminal statute:  This statute allows prosecutors to try to prove sexual assault in many different ways.  For example, by force, threat, drugging, taking advantage of someone who is intoxicated or under the influence.  The statute simply increases the punishment for how egregious they determine the conduct to be.  It is not uncommon for the DA to charge a person with all the theories and let the jury decide which one they find appropriate.

This statute previously classified consensual sexual contact with someone between the ages of 15 and 16, when the other party was more than 10 years older, as a misdemeanor offense. However, under recent changes to the law, this conduct is now charged as a felony.

There is still an affirmative defense under CRS § 18-1-503.5 if the alleged victim was over 15 and reasonably appeared to be—and was believed to be—over 18.