Colorado Sexual Battery Laws

Sexual Battery in Colorado refers to sex crimes not typically covered by rape statutes, such as sexual assault. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Colorado, sexual assault occurs when a person knowingly inflicts sexual intrusion or penetration on a victim if:

• person causes the victim to submit by means of sufficient consequence reasonably calculated to cause submission against the victim's will,
• person knows that the victim is incapable of appraising what the perpetrator is doing,
• the person knows that the victim erroneously believes the person is the victim's spouse,
• at the time of the commission of the act the victim is less than 15 and the person is at least 4 years older than the victim and is not the spouse of the victim or
• at the time of the commission of the act the victim is at least 15 but less than 17 or
• the person has authority over the victim and uses his position of authority to coerce the victim or
• the person while purporting to offer some medical service engages in some sort of treatment or examination for some other reason than a bona fide medical purpose.

Penalties for Sexual Battery in Colorado 

The penalties for sexual battery in Colorado depend on the charges issued and the circumstances surrounding the crime.

• All of the above mentioned are felonies, except for fifth circumstance which is a misdemeanor
• Punishable by minimum 4 years in prison to a maximum life imprisonment

Defense of a Sexual Battery in Colorado 

The list of defenses for Sexual battery in Colorado here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Colorado  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.