When False Allegations Destroy Lives: How Colorado’s Sexual Assault Laws Can Put Innocent People in Jail Before a Case Is Even Reviewed

By Ted McClintock, Colorado Criminal Defense Attorney — Colorado Springs, CO

📞 If you’ve been accused, call us today: (719) 520-3968

Imagine This Scenario

You’re at work or at home with your family when police suddenly show up and place you under arrest. There’s no warning, no explanation that makes sense — only handcuffs, flashing lights, and stunned faces watching as you’re led away.

You’re accused of a serious sexual assault crime — one you know you didn’t commit. Under Colorado law, allegations of sexual assault carry some of the harshest pre-trial procedures in the country. Because of the accusation alone, you can be held without bond for up to 24 hours while the court determines the appropriate conditions of release.

When bond is finally set, it’s often staggering — $100,000 or more. Even with the most forgiving bail bondsman, you may need $6,000–$7,000 in cash to secure your release and get back to your family or job.

The Law Behind the Shock

Under Colorado Revised Statutes § 16-4-101, individuals accused of certain violent crimes — including sexual assault under C.R.S. § 18-3-402 — may be held without bond for the first 24 hours pending a judicial determination. This “no-bond hold” is meant to give the court time to review the case and protect alleged victims, but in practice, it often punishes innocent people before any evidence is reviewed.

Law enforcement frequently arrests first and investigates later. When accusations are accepted at face value without proper follow-up, people’s lives are upended — reputations destroyed, jobs lost, and families shattered — all before a prosecutor ever sees the file.

When the Case Falls Apart

After the arrest, the district attorney reviews the evidence. In many cases, after a closer look, prosecutors realize that the accusation is not credible or lacks sufficient evidence to file formal charges. When that happens, the case is dismissed — but not before immense damage is already done.

In court, the alleged victim may still be permitted to speak under the Colorado Victim Rights Amendment (C.R.S. § 24-4.1-302.5) — even when the case is being dismissed. This can allow unproven and often libelous statements to be made publicly, on the record, while you stand there trying to rebuild your life.

By that point, you may be out thousands of dollars in bond costs, humiliated in your community, and facing professional fallout — all because the system allows arrest and detention based solely on one person’s accusation.

The Real-World Impact

As a criminal defense attorney who has practiced in Colorado for decades, I have seen this scenario play out many times. The emotional, financial, and professional toll of a false allegation can be devastating.

Even worse, some people face lifetime prison sentences — based entirely on a single uncorroborated statement. It’s a chilling reminder of how fragile the presumption of innocence can become when fear and accusation replace investigation and evidence.

What You Can Do If You’re Accused

If you or someone you love has been accused of a sexual assault or any serious offense in Colorado, do not speak to police without an attorney present.

Call an experienced defense lawyer immediately. Every hour matters.

At McClintock Criminal Defense, we’ve helped countless clients clear their names and rebuild their lives after false or exaggerated allegations. We know how to challenge weak evidence, expose inconsistencies, and hold the system accountable to the standards of justice it’s supposed to uphold.

📞 Call Ted McClintock, Colorado Criminal Defense Attorney

Colorado Springs, CO — (719) 520-3968

ColoradoCriminalDefense.com

Because when your freedom, reputation, and future are on the line, you need a defense that fights back.