Colorado Springs Sex Crimes Lawyer

Who Gets Arrested for Sex Crimes in Colorado Springs?

In the wake of recent popular news stories and social justice movements, sex crimes have become a serious topic of debate and discussion across America. Vital conversations have been held not only among families and colleagues regarding important topics such as consent and communication, but also on a national level. This includes a re-evaluation of how sex crimes are reported, investigated, and prosecuted. The revelation in 2021 that 70% of Coloradans convicted of sex crimes serve community-service-based alternatives to jail time caused some concerns among law enforcement agencies.

Combined with the public’s desire for more aggressive enforcement of sex crimes laws following the #MeToo movement, there has been an effort by Colorado police and lawmakers to take allegations of sexual misconduct more seriously. Whenever the police and prosecutors feel public pressure to address a concern, it can lead to serious consequences for innocent people. It’s almost never a good thing when prosecutors and police decide to make “tough on crime” part of their policy. Although aggressive prosecution can lead to positive press, the truth is that a desire for convictions and “good optics” rarely leads to net positive outcomes for society.

When a city or state decides to become “tough on sex crimes,” it becomes easy for officers and prosecutors to start seeing evidence of sex crime everywhere. It can also lead to bad actors or individuals seeking to settle personal grudges filing false or misleading reports. Even just being arrested for a sex crime can seriously harm a person’s reputation and standing within the community. An actual conviction can functionally mean the end of your life as you knew it.

Being convicted of a sex crime seriously limits what jobs a person can hold, where they can live, and even when and how they can see their own children. In some circumstances, a sex crime conviction could even mean spending decades or the rest of your life in prison. This is why if you or a loved one has been arrested for or charged with a sex crime, it’s imperative you contact one of the passionate and dedicated attorneys at The Lux Law Firm, PLLC. Our legal team may be the only thing standing between you and life behind bars.

What are Considered Sex Crimes in Colorado?

There is no one law or set definition of “sex crimes” in Colorado. Rather, like “violent crime” or “gun crime,” any crime involving nonconsensual, unwanted sexual contact or exposure is considered a sex crime. Some examples of sex crimes in Colorado Springs include, but are not necessarily limited to:

• Sexual Assault/Rape
• Indecent Exposure
• Child Molestation
• Child Internet Exploitation
• Intimate Partner Violence
• Possessing or Manufacturing Child Pornography
• Failure to Register as a Sex Offender

These are only a few of the potential crimes that may be classified as sex crimes under Colorado law. If the police believe a sex crime may have occurred, there is a good chance they will err on the side of caution and make an arrest. It’s vital you remember Colorado’s renewed “tough on crime” stance regarding sex crimes. In many instances, police would rather arrest and charge someone who may be innocent rather than accidentally let a guilty party go and “look bad” later.

It’s important to note that not all crimes involving a sexual element are necessarily considered “sex crimes.” For example, soliciting a prostitute is illegal in Colorado but is not generally considered a sex offense. Although sex is an element of solicitation, it is generally tried as a petty offense, and people convicted of solicitation generally do not have to register as sex offenders. However, depending on the circumstances, solicitation may still lead to charges. Someone convicted of solicitation may be required to register as a sex offender if there were some additional elements, such as if rape or a minor were involved.

Can I Be Arrested for Having Sex with My Spouse or Partner in Colorado?

Yes. Many people are under the mistaken impression that being married to someone or being in a long-term, committed relationship comes with “implied consent.” This is not true. Consent may be revoked at any time for any reason. Having sex against your romantic partner’s will is considered intimate partner violence and is a form of sexual assault. Around 40% of women report being the victims of intimate partner violence. In fact, the majority of sex offenses occur between people who knew one another at the time of the offense. If your spouse or romantic partner can demonstrate to the police or to a court that they did not wish to participate in sexual activity but that you persisted, you may be convicted of a sexual offense.

What are the Penalties for Sexual Assault in Colorado?

There is no one-size-fits-all penalty for being convicted of a sex crime in Colorado. Jail time, fines, and other potential consequences will vary according to the precise crime of which a person has been convicted, as well as other mitigating factors. Potential mitigating factors can include the age of the victim, whether force was used, whether a weapon was involved, and more.

Sexual assault is one of the most commonly tried sex crimes in Colorado Springs. Although sexual assault is considered a separate crime from rape in certain jurisdictions, in Colorado, rape and sexual assault are considered the same crime. Sexual assault is defined as any unwanted “sexual intrusion or penetration.” A broad range of activity can fall within the scope of sexual assault, including forcible rape, digital rape (inserting one’s fingers into another person without consent), or penetrating an unconscious person without prior enthusiastic consent.

Sexual assault is a felony punishable by up to six years in prison, three years of parole, and a $500,000 fine. Depending on mitigating factors, these penalties can become even more severe. For example, sexual assault of a “physically helpless victim” is considered a more severe crime. This includes someone who was drugged, became intoxicated, or was forcibly restrained before the sexual assault. Conviction for sexual assault of a physically helpless victim carries a penalty of up to 24 years in prison and a $1,000,000 fine. The same penalties apply if force, threats, or violence were used against the victim.

What are the Penalties for Sexual Assault of a Child in Colorado Springs?

Sexual assault of a child is another common sex crime charge in Colorado. Because of the seriousness of the charges, Colorado sex crime laws regarding child sexual assault are incredibly complex and can be challenging for average individuals to understand. This can be especially frustrating and disheartening when completely innocent people find themselves accused of a terrible crime. This is why it’s imperative for anyone charged with a sex crime in Colorado to immediately contact one of our experienced attorneys.

A common child sexual assault charge is unlawful sexual contact. This involves knowingly touching a minor’s genitals without consent or enticing a minor to expose themselves for the defendant’s sexual gratification. For purposes of the law, routine touching by a healthcare professional conducted as part of a medical examination is not considered unlawful sexual contact. A doctor asking a patient to undress for medical purposes or a parent requesting a child to change their clothes for bed or bathe themselves, likewise, do not count as enticing a minor to expose themselves. Unlawful sexual contact is considered a Class 1 misdemeanor, punishable by up to 18 months in jail and a $1,000 fine. However, if the child were threatened, forced, or the threat of force was used, the charges become a Class 4 Felony, punishable by up to eight years in prison and a $500,000 fine.

Sexual assault of a minor is considered a separate crime from sexual assault of an adult. Sexual assault of a minor is divided into a series of categories depending on whether the accused was a person of trust (i.e., a parent, legal guardian, teacher, etc.), whether force was used, and the child’s age. Punishments for sexual assault of a minor can range from two years in prison and a $500,000 fine to twelve years in prison and a $750,000 fine.

These are only a few potential penalties for child sexual assault. Depending on certain circumstances, the potential charges and penalties may be even more severe. This is why if you or a loved one has been arrested for child sexual assault in Colorado, it’s vital you immediately contact one of the compassionate and experienced attorneys at The Lux Law Firm, PLLC.

What is Internet Exploitation of a Child?

Internet exploitation of a child is a relatively new sex crime arising from the heavy use of the internet by teens and children. Internet exploitation refers to the crime of encouraging or coercing a child to engage in sexual activity via the internet. Internet exploitation of a child is perhaps best known in popular culture thanks to the Dateline program “To Catch a Predator.” Internet exploitation of a child is a felony punishable by up to six years in prison and up to $500,000 in fines.

What Happens to Convicted Sex Offenders in Colorado?

Being convicted of a sex crime makes someone a convicted sex offender. Convicted sex offenders have serious, usually lifelong restrictions placed on them and are subject to constant surveillance from law enforcement. Someone convicted of a sex offense must submit their information to the Sex Offender Registry. This registry allows anyone to see your face, name, address, and the crimes for which you were convicted. Being on a sex offender registry often leads to serious social stigmatization and may result in unwanted attention, including harassment and stalking. The police are often unsympathetic to convicted sex offenders who become crime victims themselves.

Additionally, being a registered sex offender seriously limits where you can live and work. Many jobs requiring professional licenses or interaction with the public are closed to convicted sex offenders. Similarly, the law dictates where you can live. A convicted sex offender must live a certain distance away from schools and other public institutions. Because of the ubiquity of schools and libraries, many sex offenders find themselves homeless or forced to live in undesirable circumstances.

If you have children, being a convicted sex offender may impact your ability to see and interact with them. If you are sharing custody, a conviction for a sex offense may result in your co-parent being awarded sole custody with no visitation rights.

Being a convicted sex offender also makes it difficult to form and maintain romantic and other social relationships, and may have a broad impact on an individual’s mental wellness. Convicted sex offenders are at a higher risk for suicide and suicidal ideation.

These are only some of the potential social consequences of being convicted of a sex offense. This is why, if you or a loved one has been arrested or is being charged with a sex offense in Colorado Springs, you must contact one of our experienced attorneys.

What Should I Do if I’ve Been Arrested for a Sex Crime in Colorado Springs?

Being arrested for a sex crime in Colorado is a serious cause for concern. It is not unheard of for overzealous prosecutors to “railroad” defendants in order to secure a conviction. District attorneys like to appear “tough on crime” and, in many cases, will take a “where there’s smoke, there’s fire” approach to criminal prosecution. Despite what the U.S. law says, many prosecutors believe “guilty until proven innocent,” and think that it’s the defendant’s job to prove their own innocence. Don’t let this happen to you. If you or a loved one has been arrested for or charged with a sex crime in Colorado Springs, don’t hesitate to contact one of the compassionate and dedicated attorneys at The Lux Law Firm, PLLC. We understand there are multiple sides to every story, and that sometimes, where there’s smoke, there isn’t necessarily fire. We take every case seriously and put every effort into helping you put a challenging chapter in your life behind you.

A sex crime accusation can quickly lead to an arrest, being fired from your job, losing custody of your children, and years- if not the rest of your life- in prison. Don’t allow overzealous police and prosecutors to end your future. If you or a loved one has been arrested for a sex crime in Colorado Springs or the surrounding area, contact The Lux Law Firm, PLLC today at 719-451-7469 to schedule your free, no-obligation case evaluation.