Being accused of a sex offense is overwhelming, confusing, and frightening, especially when the charge is something many people don’t fully understand, like Unlawful Sexual Contact. In Larimer County, these cases are taken very seriously, and even an accusation can have immediate and lasting consequences.
Below are answers to some of the most common questions we hear from clients in Fort Collins, Loveland, Estes Park, Wellington, Timnath, Berthoud, Laporte, and surrounding communities.
What Is Unlawful Sexual Contact in Colorado?
Unlawful Sexual Contact is defined under Colorado law as knowingly subjecting another person to sexual contact without their consent.
“Sexual contact” generally means the knowing touching of a person’s intimate parts, or causing another person to touch yours, for the purpose of sexual arousal, gratification, or abuse.
These cases often come down to consent, intent, and credibility, which makes them very fact-specific.
Is Unlawful Sexual Contact a Felony or a Misdemeanor in Fort Collins?
It depends on the circumstances.
- In many cases, Unlawful Sexual Contact is charged as a Class 1 misdemeanor
- It can be charged as a felony if aggravating factors are alleged, such as:
- Use of force or threats
- The victim being physically helpless
- The defendant being in a position of trust
- Multiple victims or prior convictions
Both misdemeanor and felony convictions can carry severe consequences beyond jail or prison time.
What Are the Possible Penalties of Unlawful Sexual Contact in Loveland?
Penalties can include:
- Jail or prison time
- Probation with strict conditions
- Mandatory sex offense treatment
- No-contact orders
- Sex offender registration
- Fines and court costs
Even a misdemeanor conviction can follow someone for life, affecting employment, housing, professional licenses, and personal relationships.
Will I Have to Register as a Sex Offender?
In most cases, yes. An Unlawful Sexual Contact conviction generally requires a period of sex offender registration.
Registration is one of the most serious consequences of these charges and is often a central concern in Larimer County cases. Whether registration applies depends on:
- How the charge is filed
- Whether there is a conviction or plea
- The specific facts alleged
This is one of the most important issues to discuss with a defense attorney early in the case.
What If the Contact Was Misunderstood or Mutual?
This is one of the most common scenarios in unlawful sexual contact cases.
Many accusations arise from:
- Dating relationships
- Alcohol-involved situations
- Breakups or emotional disputes
- Different perceptions of the same encounter
Consent can be complicated, especially when alcohol, prior relationships, or unclear communication are involved. These cases often rely heavily on statements, timing, and credibility, not physical evidence.
What If Alcohol or Drugs Were Involved?
Alcohol frequently plays a major role in these cases. Prosecutors may argue that alcohol made someone incapable of consenting, while the defense may argue:
- Consent was given
- The accused reasonably believed consent existed
- Both parties were impaired
Alcohol does not automatically mean a crime occurred, but it does make these cases more complex and aggressively prosecuted in Larimer County.
Do I Have to Talk to the Police?
No. You have the right to remain silent and the right to an attorney.
In many Unlawful Sexual Contact cases, law enforcement already has the complaining witness’s statement before contacting the accused. Anything you say, whether you believe it helps or not, can be used against you later. Speaking to a criminal defense attorney before giving any statement is often critical.
What Should I Do If I’m Being Investigated or Charged?
If you believe you are under investigation, or if you have already been charged, it’s important to:
- Avoid discussing the situation with anyone except your attorney
- Preserve messages, emails, and social media communications
- Comply with any court orders
- Get legal advice as early as possible
Even waiting a short time can limit your options.
If you or someone you love has been charged with Unlawful Sexual Contact, 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 initial consultation. Together, we can protect your future.
Photo by Ann H