One reason a person can be charged with Sexual Assault in Fort Collins and Larimer County is when a person claims to have been forced into the sexual contact. A Colorado man was recently arrested for Kidnapping, Menacing, and Sexual Assault after a woman claimed she escaped from a moving vehicle. According to the report, the woman claimed she had been approached by the man. He asked her for directions and then offered her a ride. She took him up on the offer and once in the car, she claimed she was confined in the car and threatened with a knife. She said that she was sexually assaulted before she was able to escape from the moving car. The man was later identified and arrested. It was reported that he was a registered sex offender.
Larimer County Sexual Assault Lawyer: Definition of Sexual Assault in Colorado
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.
The man would likely be charged under subsection (a) because he used a knife to threaten the woman while assaulting her.
Sentence for Sexual Assault in Loveland and Estes Park
When Kidnapping and threats are involved, Sexual Assault is a class 3 felony. This level sex crime is subject to indeterminate sentencing, meaning that a minimum amount of time to be served in prison is set, but the person can be held for up to life.
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.
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