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Colorado’s Statute of Limitations for Sexual Assault Charges

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Posted By William McAdams | September 6 2024 | Domestic Violence

If you were accused or arrested on suspicion of sexual assault or related offenses, you likely have a lot of concerns. If you have not yet been charged, you might wonder how long you have to wait before you are in the clear. The prosecutor must abide by a statute of limitations and issue charges for a crime within this particular time frame, which varies from offense to offense.

If you or someone you know was arrested or is facing sexual assault charges in Colorado, it is imperative to consult with a skilled sex crime defense attorney as soon as possible. Our defense team at McAdams Law Office is ready to provide the representation you deserve, whether or not you have been arrested or charged already.

What is a Statute of Limitations?

A statute of limitations is a legal time limit within which a lawsuit or criminal charges must be filed. It serves as a protection for defendants, ensuring that they are not indefinitely vulnerable to legal actions. Additionally, statutes of limitations also aim to protect victims by encouraging prompt reporting and investigation of crimes. Once the statute of limitations has expired, an individual loses their right to file a civil lawsuit or the prosecutor loses the opportunity to file criminal charges for that particular offense.

What is the Statute of Limitations for Sexual Assault in Colorado?

In Colorado, the statute of limitations for sex offenses varies depending on the severity of the offense and the age of the victim. The state has recognized the importance of giving victims the opportunity to come forward and seek justice, while also balancing the rights of the accused.

For most felony sexual assault offenses, the statute of limitations in Colorado is now 20 years. This means that if the alleged offense occurred more than 120 years ago, the prosecution may be barred from bringing charges against you. However, certain factors can extend or toll the statute of limitations, such as when the victim was a minor or when DNA evidence becomes available.

Unlawful Sexual Contact Statute of Limitations in Colorado

Unlawful sexual contact refers to sexual touching or contact without the consent of the other person. In Colorado, the statute of limitations for unlawful sexual contact is as follows:

  • If the victim was under the age of 15 at the time of the offense, there is no statute of limitations. Charges can be filed at any time.
  • If the victim was between the ages of 15 and 17 at the time of the offense, charges must be filed within 10 years of the victim’s 18th birthday.
  • If the victim was over the age of 17 at the time of the offense, charges must be filed within 10 years of the offense.

These time limits can be extended if new evidence is discovered or if the offender left the state.

What is the Legal Definition of Sexual Assault?

Sexual assault is a broad term that encompasses a range of non-consensual sexual acts. It refers to any unwanted sexual contact or behavior that occurs without the explicit consent of all parties involved. Sexual assault can include actions such as rape, forced sodomy, and any sexual penetration without consent.

Is Sexual Assault a Felony?

Yes, sexual assault is generally considered a felony offense in Colorado. Felonies are more serious crimes that carry harsher penalties compared to misdemeanors. Colorado categorizes sexual assault into different classes of felonies based on the severity of the offense.

Sexual assault: Class four felony

Class four felony sexual assault typically involves acts of sexual penetration without consent but without force or injury. It is punishable by a sentence of 2 to 6 years in prison and a fine ranging from $2,000 to $500,000.

Sexual assault: Class three felony

Class three felony sexual assault includes acts committed through force, threat, or drugging. It is punishable by a sentence of 4 to 12 years in prison and a fine ranging from $3,000 to $750,000.

Sexual assault: Class two felony

Class two felony sexual assault involves acts committed using a deadly weapon or causing serious bodily injury. It is punishable by a sentence of 8 years to life in prison under some circumstances and a fine ranging from $5,000 to $1,000,000.

What is the Punishment for Sexual Assault in Colorado?

The punishment for sexual assault in Colorado varies depending on the specific circumstances of the case and the offender’s criminal history. In addition to imprisonment and fines, offenders may also be required to register as a sex offender, participate in sex offender treatment programs, and comply with probation or parole conditions. The severity of the punishment increases with the severity of the offense.

Seeking Legal Guidance in Cases of Sexual Assault and Abuse in Colorado

If you or someone you know is facing sexual assault charges in Colorado, seek legal guidance from a qualified criminal defense attorney. An experienced attorney will fight to protect your rights, guide you through the legal process and devise an effective defense strategy tailored to your case.

At McAdams Law Office, our team of skilled attorneys will provide you with the knowledgeable representation you deserve. We understand the complexities of sexual assault cases and will work tirelessly to ensure that your rights are protected.

Consult our Greeley, CO Sexual Assault Defense Lawyers

If you are facing sexual assault charges in Greeley, Colorado, you need a skilled defense lawyer by your side. McAdams Law Office is a trusted law firm in the area, with a proven track record of successfully defending clients against sexual assault charges.

Our experienced team will thoroughly investigate the details of your case, gather evidence, and develop a strong defense strategy tailored to your unique circumstances. We understand the devastating impact that sexual assault charges can have on your life, reputation, and future. That’s why we are committed to fighting vigorously for your rights and working towards the best possible outcome.

Contact McAdams Law Office today at 970-353-0000 to schedule a confidential consultation with a knowledgeable Greeley sexual assault defense lawyer. Let us provide you with the trusted legal representation you deserve and ensure that your rights are protected throughout the legal process.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.