Denver Rape Defense Attorney

Aggressively Fighting Sexual Assault Charges

Generally, rape involves non-consensually or unlawfully having sex with another person. Colorado law recognizes that the offense can be committed in various ways, and the statute concerning the crime enumerates the different circumstances and the severity of each. An accusation of rape (or sexual assault) alone can have adverse consequences. For instance, others may see the accused in an unfavorable light and treat them unfairly. As such, personal, professional, and community relationships can be strained. These negative impacts occur even though the accused has not been tried for the crime and is considered innocent. If a conviction results, severe penalties can be imposed, including imprisonment and fines. The conviction will also follow the individual around for the rest of their life, as it will remain on their criminal record, and they'll be required to register as a sex offender.

If you've been charged with sexual assault, it's essential that you enlist the help of an experienced lawyer to aggressively fight your charge. At the Law Office of Kevin Cahill, Attorney Kevin Cahill, has effectively handled various criminal matters. He has the knowledge and resources to guide you through your case and be your zealous advocate from start to finish.

For legal help from a hardworking Denver sexual assault lawyer, call (720) 548-2990 or submit an online contact form. Your initial consultation is free.

What Constitutes Rape in Colorado?

Colorado Revised Statutes 18-3-402 defines sexual assault as knowingly and unlawfully engaging in sexual intrusion or sexual penetration with another.

Sexual intrusion means the insertion of an object or body part (except mouth, tongue, or penis) into another person's vaginal or anal opening. The act must have been done for sexual pleasure or abuse.

Sexual penetration involves the following:

• Sexual intercourse,
• Oral sex (involving the penis, anus, or vagina), or
• Anal intercourse

The sexual assault law also provides various circumstances in which a person commits the offense.

Unlawful sexual intrusion or penetration occurs when:

• The actor knowingly used any means to cause the victim to submit against their will,
• The victim could not appraise what they were doing,
• The actor made the victim falsely believe they were married,
• The victim was under 15 years of age and the actor was at least 4 years older than them,
• The victim was at least 15 year of age but under 17 years of age and the actor was at least 10 years older than them,
• The victim was in custody at a correctional facility or was detained at a hospital or other institution and the actor used their position of authority over them to cause submission,
• The actor engaged in the conduct under the guise of providing medical treatment or examination when such service was not for medical purposes or consistent with standard medical practices, or
• The actor knew that the victim was physically helpless at the time of the offense

Attorney Kevin Cahill aggressively defends against allegations of rape in Denver. No matter the circumstances that led to your charge, he can approach your case without judgment and thoroughly prepare to protect your rights and future.

What Are the Penalties for Rape in Colorado?

If a person is convicted of sexual assault, the penalties a court can impose depends on the details.

Rape is a class 1 misdemeanor when:

• The victim was at least 15 but less than 17 years of age and the actor was 10 years older

It is an extraordinary risk crime with penalties including:

• Between 6 and 24 months of incarceration
• Between $500 and $5,000 in fines

Rape is a class 4 felony when:

• The victim submitted against their will
• The victim was incapable of appraising their conduct
• The victim erroneously believed that the actor was their spouse
• The victim was under 15 years of age
• The victim was in custody or detained
• The victim was subject to unlawful or unjustified medical treatment or examination

Penalties include:

• Between 2 and 6 years of imprisonment
• Between $2,000 and $500,000 in fines

Rape is a class 3 felony when:

• The victim was physically helpless
• The actor used force or violence to cause the victim to submit
• The actor threatened death, serious bodily injury, extreme pain, or kidnapping against any other person
• The actor threatened to retaliate against the victim or any other person
• The actor impaired the victim's ability to appraise the situation by use of an intoxicant or other substance

Penalties include:

• Between 4 and 12 years of imprisonment
• Between $3,000 and $750,000 in fines

Rape is a class 2 felony when:

• The actor was aided or abetted by one or more others
• The actor caused the victim to suffer serious bodily injury
• The actor used or threatened to use a deadly weapon

Penalties include:

• Between 8 and 24 years of imprisonment
• Between $5,000 and $1,000,000 in fines

Schedule a Free Consultation Today with a Sexual Assault Lawyer

Kevin Cahill is ready to challenge the accusations made against you. He can review relevant laws, the facts of your case, and all related information to spot weaknesses in proof and build a solid defense on your behalf.