There are many different situations that can result in Sexual Assault charges in Fort Collins and Larimer County. A man was recently arrested and charged with Burglary and Sexual Assault after breaking into a woman’s home and sexually assaulting her while she was sleeping. According to the report, the woman had called the police around 2 a.m. to report that a man she did not know went into her home and sexually assaulted her. Though it was not revealed how the officers determined the identity of suspect, a 22-year-old man was later arrested and charged with First Degree Burglary and Sexual Assault.
Attorney Sexual Assault Charges in Fort Collins: Definition of Sexual Assault on a Sleeping Victim
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 information provided, the man was likely charged under subsection (a) or (b).
Sentence for Sexual Assault in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, when a person uses physical force or physical violence, then the Sexual Assault is a class 3 felony. A Sexual Assault charge is subject to indeterminate sentencing, which means that the judge will set the minimum amount of time and the maximum is set as the person’s natural 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. Together, we can protect your future.
Photo by Kinga Cichewicz on Unsplash