In Fort Collins and Larimer County Sexual Assault with a deadly weapon is charged when a person is accused of using a deadly weapon to cause an alleged victim to submit to sexual penetration. Recently, a woman was out jogging when she was approached by a man and sexually assaulted. According to the report, the woman was running on a trail and a man pulled a knife on her. During the assault, the woman sustained an injury on her arm and the man fled. He is still being sought at the time of this posting.
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 sexual intrusion or sexual penetration knowing the victim does not consent; 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) – the no consent subsection.
Felony Sexual Assault with a Deadly Weapon Lawyer: How is Sexual Assault Charged in Loveland and Estes Park?
In Fort Collins, Loveland, and Estes Park, Sexual Assault can be charged as a class 6 felony, class 4 felony, class 3 felony or class 2 felony depending on the subsection is it charged under and the aggravating factors involved. When a deadly weapon is involved, Sex Assault is a class 2 felony charge, as outlined below:
(I) In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or
(II) The victim suffers serious bodily injury; or
(III) The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.
Because the man is alleged to have pulled the knife on the woman as a means to cause her submission, he would be facing the most serious Sexual Assault charge – Sexual Assault with a deadly weapon.
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 a free consultation. We also practice in Greeley / Weld County – CLICK HERE to visit our Weld County site. Together, we can protect your future.
Photo by James Wheeler