When Sexual Assault charges are discussed in Fort Collins and Larimer County, often the term ‘consent’ is used. But, in the Colorado law statute, this term is not included. Lawmakers recently addressed this as an issue, pushing to change the language of the Sexual Assault law to include the term ‘consent.’ Currently, lawmakers claim that the language of the Sexual Assault law is confusing. If changed, they want the definition to read, “sexual intrusion or sexual penetration knowing the victim does not consent.”
Larimer County Sexual Assault Attorney: Current Definition of Sexual Assault without the Term ‘Consent’
The Larimer County, Colorado law definition of Sexual Assault – C.R.S. 18-3-402 – is:
(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.
Based on the article, subsection (a) would be replaced with the new language above to include the term ‘consent.’
If you or someone you love has been charged with Sexual Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
Photo by Brett Jordan from Pexels