We hear it constantly: When it comes to sex, “no” means “no.” Whenever we hear about a man who is facing Sexual Assault charges in Larimer County, the public often labels him as a heartless brute without a thought. This isn’t a just perspective for two reasons: 1) We all need to operate under the rule that everyone is “innocent until proven guilty,” and 2) Sexual Assault charges aren’t as black and white as you would think. I have personal experience working with men who have been falsely accused and labeled as sex offenders. Let’s take a closer look at rape charges in Colorado and how we should approach them.
What Happened to “Innocent Until Proven Guilty?”
[pullquote align=”right” textalign=”right” width=”40%”]When was the last time you read an article about an alleged rape and thought: “What a dirt bag.”[/pullquote]Many people think they operate under the rule that a person is innocent until proven guilty. But, in today’s culture, this simply isn’t true.Think about it: When was the last time you read an article about an alleged rape in a Fort Collins bar and thought to yourself: “What a dirt bag. Doesn’t he know that no means no?” No one stops to question whether the accusations are true before they take note of the man’s name and photo plastered all over the news. It isn’t popular to question victims until you become the victim of a false accusation.Lack of Consent isn’t Black and White in Our Culture
[pullquote align=”left” textalign=”left” width=”35%”] The modern dating scene is confusing to say the least. This confusion is dangerous when paired with our laws.[/pullquote]The modern dating scene is confusing to say the least. A woman can say yes in action, but then be offended when a man makes a move. They may be out on the dance floor dancing suggestively with a man but be completely uninterested in a sexual encounter or relationship. And, even when a woman wants to sleep with someone, the way our laws are set up, she can change her mind after the fact. What do I mean by this? A person can be charged with Sexual Assault with no evidence. All that is needed for a conviction is the word of the alleged victim. This is scary and muddies the waters when it comes to consent.– Women Can Change Their Minds
Many people don’t believe me when I say a woman can change her mind after the fact. But, I have worked with many clients who had a sexual encounter with a woman who feels guilty about the encounter later. Maybe she cheated on her boyfriend, and needs an excuse (or pity) in order to save face. Whatever the situation, if a woman calls the Loveland police and says she was a victim of rape, the police don’t hesitate to believe her and make an arrest.
– Alcohol Muddies the Water Even Further
The Sexual Assault statute includes a provision which prohibits a sexual encounter when the actor knows the alleged victim is incapable of appraising the situation. This inability to appraise the situation is usually the result of alcohol consumption. So, how do you handle a situation where a woman drinks a few too many drinks of her own accord, has flawed judgment, and sleeps with a guy she met at a bar? From the man’s perspective, the woman was just having a good time and was capable of making the decision to go home with him. And, in most cases, the man was just as intoxicated. Regardless, under current Colorado law, the man will face Sexual Assault charges in Larimer, Boulder, or Jackson County.
Why You Need an Experienced Fort Collins Sexual Assault Attorney
[pullquote align=”right” textalign=”right” width=”40%”]You need someone in the courtroom who is on your side – who will eloquently and persuasively tell your side of the story to jurors or the judge.[/pullquote]The consequences of a Sexual Assault / Rape conviction are serious. This crime is a sex offense and is subject to indeterminate sentencing (which means the person who is convicted will be sentenced up to life in prison), be required to undergo sex offender treatment (overseen by the Sex Offender Management Board), and have to register as a sex offender upon their release. These are harsh consequences for a man who slept with a woman who gave consent and then changed her mind, or willingly had a few too many drinks and regretted her decision later. This is why you need to work with an experienced Sexual Assault attorney to fight on your behalf. The Larimer County District Attorney has a bias for the alleged victim. Supporting her is essential to keep his job.Sexual Assault Cases in the Courtroom
[pullquote align=”left” textalign=”left” width=”40%”]Do you think the jury will believe the man accused of a violent crime or the cute, crying, alleged victim?[/pullquote]Who do you think the jury has a tendency to believe? The man whose mug shot they saw in the news recently, or the cute victim? As experienced criminal lawyers, we understand the importance of looking at the victim’s conduct and using evidence to prove their ability to give consent for the sexual encounter. We also highlight the fact that men and women drink together. She isn’t the only one whose capacity is impaired. You need an advocate in court to defend you and protect your future.