Breckenridge Sexual Assault Attorneys
Assertive Legal Defense Against Charges of Sexual Assault in Breckenridge, CO
It’s horrible to be accused of sexual assault. These charges cast a dark shadow on your reputation, and sexual assault carries long prison sentences in Colorado. A conviction for sexual assault or a related offense will plague you for the rest of your life, negatively impacting your employment opportunities, immigration status, gun rights, and other essential freedoms.
If you’ve been charged with any type of sexual offense in Summit County, your freedom and your future are on the line. Contact Whitaker & Penix, LLC in Breckenridge right away. Calling upon years of criminal law experience and a deep familiarity with local courts, prosecutors, and judges, Kylie Whitaker and Ehren Penix will develop the right legal strategy to help protect your reputation and keep you out of jail.
Whitaker & Penix, LLC has an A+ rating from the Better Business Bureau, and Kylie Whitaker was selected as a Rising Star among numerous attorneys throughout Colorado by Super Lawyers, a rating agency that evaluates attorneys based on peer reviews and independent research.
Give our Breckenridge sex crime defense lawyers a call at (970) 368-0602 for a free and confidential consultation to explore your legal options.
What Is the Legal Definition of Sexual Assault in Breckenridge, CO?
Sexual assault is legally defined in Colorado as any forced or non-consensual act of sexual intrusion or sexual penetration that is knowingly inflicted against another person.
There are many types of sexual acts that fall under the definition of sexual assault in Colorado. Depending on the circumstances, a person does not have to use force or threaten the use of violence to be convicted of sexual assault. However, a conviction for sexual assault that involves threats, violence, or intimidation will result in extremely harsh sentencing.
Statutory rape involves the criminal act of having sexual intercourse with a minor. In Colorado, the definition of statutory rape depends on the age of the victim, as well as the age gap between the victim and the defendant. Consent is a major factor in determining if sexual assault has occurred. A victim cannot give consent if they are intoxicated, asleep, or unable to understand sexual contact.
A defendant may be charged with sexual assault in Colorado when the alleged victim is:
- Unconscious
- Intoxicated
- Forced to commit sex acts against their will
- Deceived into believing that the defendant was their spouse or significant other
- Fraudulently informed that it was part of a medical treatment
- Less than 15 years old and at least four years younger than the defendant
- Between 15 and 17 years old and at least ten years younger than the defendant
- Detained or in custody at a hospital or other institution and under the supervisory or disciplinary authority of the defendant
- Physically helpless and has not consented
- Unable to understand sexual contact due to age or mental abilities
- Under threat of death, serious bodily injury, extreme pain, kidnapping, or future retaliation
- Suffering from impaired judgment due to intoxicants provided by the defendant
- Threatened by use of a deadly weapon or a device that the victim could reasonably surmise to be a dangerous weapon
Offenses Related to Sexual Assault
There are many legal offenses related to sexual assault that carry stiff penalties in Colorado. Unlawful sexual contact is defined as the non-consensual touching of a victim’s intimate areas for the purposes of sexual arousal, gratification, or abuse, or coercing someone under 18 to expose themselves for the purposes of committing a sexual act.
The enticement, kidnapping, internet luring, and general exploitation of a child for sexual purposes are all criminal offenses that carry stiff penalties.
Penalties for Sexual Assault in Breckenridge, Colorado
Police, judges, and prosecutors are not sympathetic to defendants who are accused of sexual assault in Colorado. Legislature imposes severe penalties for conviction that may include long mandatory minimum sentences, indeterminate sentencing that prevents release from prison without permission of a parole board, lifetime prison sentences, and lifetime probation.
There are additional penalties that can trail someone who has been convicted of sexual assault for the rest of their life, including:
- Lifetime sexual offender registration
- Loss of gun rights
- Deportation
- Revocation of a professional license
- Loss of housing privileges
Legal Defense Against Charges of Sexual Assault
Everyone has the right to a strong legal defense, no matter what type of charges you are facing. Whitaker & Penix, LLC will investigate the charges against you by interviewing witnesses, reviewing the police report, and examining physical and forensic evidence.
When our investigation is complete, we will build a strong case for your defense. Powerful legal defenses against charges of sexual assault include:
- The alleged victim legally consented to sexual relations.
- No sexual penetration or intrusion occurred.
- The defendant is a victim of false allegations.
- The prosecution doesn’t have enough evidence to prove their case.
- Police or prosecutors are guilty of misconduct.
- It’s a case of mistaken identity.
- You have an alibi for the time when the crime was allegedly committed.
- Physical evidence, such as toll booth receipts or surveillance camera footage, demonstrates that the defendant could not have committed the crime.