Police Officers and the Possibility of Sexual Assault in Larimer County

Police officers can face Sexual Assault charges in Colorado too. Read more in our blog.
Police officers can face Sexual Assault charges in Colorado too. Read more in our blog.
Image Credit: Pixabay – Alexas_Fotos

We hear reports of sexual assaults in the news all too often. But, when someone is raped by a police officer or sheriff’s deputy in Larimer County, the public is often much more alarmed. This should not surprise us: Police officers are people just like the rest of us. Earlier this summer in Texas, an officer was charged with the Colorado equivalent of Sexual Assault – C.R.S. 18-3-402 after he allegedly assaulted a woman after pulling her over during a traffic stop. In the last year, this occurred in Denver. Police officers in Fort Collins, Loveland and Estes Park are people just the like the rest of us – they aren’t always to be trusted.

What is Sexual Assault in Larimer County?

Sexual Assault is charged in Fort Collins, Johnstown and Windsor when a person knowingly inflicts sexual penetration or intrusion on another person in a number of circumstances, including (but not limited to) physical helplessness, or while a person is in the custody of the law and under authority. Because the police officer had “supervisory or disciplinary authority” over the woman in Texas, and because he used “this position of authority to coerce the victim to submit,” he will be facing felony rape charges.

What is the Sentence for Rape?

Sexual Assault / Rape ranges from a class 1 misdemeanor to a class 2 felony. The police officer would be charged with a class 4 felony if the assault took place in Larimer County. Sexual Assault is subject to Colorado’s Indeterminate Sentencing laws, so a judge would not set the upper limit to a person’s sentence. This means a person convicted of class 4 felony Sexual Assault would be sentenced to the Colorado Department of Corrections (DOC) for 2 years to life. Release from prison would be determined by the Colorado Parole Board. A person convicted of rape would also be required to register as a sex offender (in many cases for the rest of their life), and undergo treatment overseen by the Colorado Sex Offender Management Board (SOMB). Because treatment is limited in DOC, a person convicted of Sexual Assault could spend many years in prison before receiving treatment and being considered for release.

Why You Need a Criminal Lawyer

Sexual Assault is a serious offense. Even if you are innocent, once you have been charged, your name and picture will be everywhere in the news. The general public will despise you without knowing your side of the story (especially if you are a police officer). Once you are found innocent, the media will not report your acquittal. You need an advocate in court. You need to work with an experienced criminal lawyer who has worked on countless Sexual Assault and rape cases in the past. Contact one of our sex crimes criminal defense attorneys to create a strong defense and fight for your future.

If you are a police officer and have been accused of Sexual Assault in Larimer or Jackson County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.