Under Colorado Revised Statute 18-3-402 C.R.S., sexual assault (rape) generally occurs when a person “knowingly inflicts sexual intrusion or sexual penetration on a victim” without their consent. Sexual acts are non-consensual if the victim indicates “no” or is incapable of giving consent.
Sexual assault is an extraordinary risk felony that carries lifetime sex offender registration in Colorado. It also carries an indeterminate sentence, which means the maximum prison term is potentially life in prison.
The following table shows the potential prison terms and fines for rape:
| Colorado Rape Offense | Criminal Sentence |
| Sexual assault without force or injury | Class 4 felony: 2 years to life in prison and/or $2,000 to $500,000 |
| Sexual assault by force or drugging or serious threats | Class 3 felony: 4 years to life in prison and/or $3,000 to $750,000 |
| Sexual assault by gang rape or that causes serious bodily injury | Class 2 felony: 8 years to life in prison and/or $5,000 to $1,000,000 |
| Sexual assault with a deadly weapon | Class 2 felony: 16 years to life in prison and/or $5,000 to $1,000,000 |
With sexual assault being such a serious crime, it is especially heinous that so many of the rape allegations we see are baseless. Perfectly consensual encounters get weaponized against our clients by ex-partners who regretted the sex, who are seeking revenge following a breakup, or who are trying to extort them.
Fortunately, there are many ways to expose groundless rape accusations. In some cases, the false accusers themselves find themselves charged with false reporting of a crime.
In this article our Denver criminal defense attorneys will address the following key issues regarding Colorado sexual assault law.
- 1. Elements of C.R.S. 18-3-402
- 2. Probation
- 3. Sex Offender Registration
- 4. Additional Consequences
- 5. Defenses
- 6. Lawsuits
- 7. Public Records
- Frequently Asked Questions
- Resources for Victims of Sexual Assault
1. Elements of C.R.S. 18-3-402
Sexual assault/rape is a knowing act of unwanted sexual penetration. For you to be convicted in Colorado, prosecutors have to prove beyond a reasonable doubt two elements of the crime.
The first element of sexual assault is that you had sexual penetration or intrusion with the victim. This includes:
- Vaginal intercourse, or
- Oral copulation (fellatio or cunnilingus), or
- Anal sex, or
- Anilingus, or
- Fingering, or
- Penetration with a foreign object; an
The second element of sexual assault is that the sex was non-consensual because either:
- The victim said or indicated no, or
- the victim was inebriated, high, or otherwise mentally debilitated, or
- The victim was physically helpless, such as being asleep, passed out, or in a coma, or
- The victim is under 17 (with some exceptions, as discussed below), or
- You have authority over the victim at an institution, and you coerce the victim into submitting to sex, or
- The victim believes you are performing a medical service, and you know this, or
- The victim incorrectly believes you are their spouse, and you know this.1
Therefore, sexual assault is a very broad crime. Examples of rape include:
- A vagrant abducting a pedestrian and forcing fellatio on her, or
- A guy at a frat party fingering a drunk girl, or
- A nurse having intercourse with a passed-out patient.
Most of the sexual assault cases we handle concern not strangers but rather people who knew each other and once dated – what prosecutors call date rape. Oftentimes the relationship had soured, and the accuser fabricates a rape allegation to punish our client.
Rape v. Unlawful Sexual Contact
In Colorado, sexual assault does not comprise groping intimate parts without penetration. Non-consensual touching of breasts, buttocks, or crotches would instead be charged as the separate crime of unlawful sexual contact (C.R.S. 18-3-404).
Predictably, unlawful sexual contact usually carries lesser penalties than rape because it involves no penetrative sex acts. It is not uncommon for prosecutors to offer to reduce rape charges down to unlawful sexual contact when we show them they have no evidence to prove penetration.
Rape v. Statutory Rape
Rape comprises not only non-consensual sex. Rape also encompasses consensual sex with minors under 17 years old, which is Colorado’s age of consent. This offense is commonly called statutory rape (C.R.S. 18-3-402).
The penalties for statutory rape depend on the age of the victim, as this chart shows:
| Statutory Rape (prosecuted as “Sexual Assault’) | Criminal Sentence |
| The victim was younger than 15, and you are at least 4 years older than the victim | Class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000 plus lifetime sex offender registration |
| The victim is 15 or 16, and you are at least 10 years older than the victim | Class 6 felony: 1 year to 18 months in prison and/or $1,000 to $100,000 plus at least 10 years of sex offender registration |
Note that like many states, Colorado has a close-in-age “Romeo & Juliet” exception where minors under 17 may lawfully consent to sex if either:
- The child is younger than 15, and their partner is less than 4 years older, or
- The child is 15 or 16, and their partner is less than 10 years older.2
We often see cases where angry parents accuse their teenage daughter’s older boyfriend of statutory rape in an attempt to keep them separated. Though if the daughter is at least 17, or else if the relationship falls under the Romeo and Juliet law, then any consensual sex between the daughter and her older boyfriend is legal. 
2. Probation
It is possible to get probation in lieu of prison following a sexual assault conviction in Colorado. However, this is unusual considering rape is such a serious crime.
Under Colorado’s Sex Offender Lifetime Supervision Act, if a judge does grant you probation, it will be an indeterminate period up to the rest of your natural life. The law mandates strict minimum time frames before you can even petition the court for release:
- Class 4 felonies: A minimum of 10 years to life on probation.
- Class 3 and Class 2 felonies: A minimum of 20 years to life on probation.
While on probation, you must participate in an intensive supervision program and abide by various strict terms and conditions, such as:
- regular sex offender treatment and counseling,
- passing regular polygraph (lie detector) examinations,
- drug and alcohol testing,
- check-ins with your probation officer,
- ankle monitoring, and
- staying away from the victim.3
Clearly, probation is far preferable to prison, though you are still on a very short leash for a very long time. We always warn probationers to be extra careful to follow every term exactly as the judge ordered.
If your probation officer suspects you might have violated one of your terms, your probation can be revoked without prosecutors proving it beyond a reasonable doubt. They just have to prove your violation by a preponderance of the evidence, which is a much lower bar. If revoked, you face being remanded to state prison for an indeterminate life sentence.
3. Sex Offender Registration
In most cases, a Colorado rape conviction requires lifetime sex offender registration. This means you are searchable in the Colorado Bureau of Investigation (CBI) database.4
Failure to register as a sex offender following a rape conviction is a separate class 6 felony. Penalties include:
- 12 to 18 months in Colorado State Prison and/or
- $1,000 to $100,000 in fines.5
Obviously, having to register as a sex offender is devastating. We call it “social imprisonment” because it limits who will hire, lend to, or associate with you long after you have served your time. It is why we fight so aggressively for our clients facing rape charges; we want to give you your life back free of any societal shackles.
4. Additional Consequences
Prison, fines, and sex offender registration are not the only repercussions of a Colorado sexual assault conviction.
A rape conviction shows up on your background check forever, so future employers may disqualify you.
As a convicted felon, you also lose your gun rights. Restoration may require a Governor’s pardon or other relief that eliminates or alters the disqualifying conviction. (Federal firearm law must be considered separately.)
Finally, rape can carry severe immigration consequences, potentially including deportation, inadmissibility, and loss of eligibility for immigration relief. Removal proceedings are handled by federal immigration authorities.
The best way to avoid such fallout is to get the rape charge reduced or dismissed. Your best odds of success are to hire experienced counsel who know how to wear down the prosecution’s evidence, leaving them with no choice but to offer a dismissal or charge reduction.
5. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes, including rape. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting C.R.S. 18-3-402 charges reduced or dismissed.
1) You Were Falsely Accused
Judges and D.A.s realize that some of the people accused of rape are innocent and that their accuser is acting out of anger, revenge, a misunderstanding, peer pressure, or regret. To show that your accuser is lying, we compile such evidence as:
- text messages, emails, or voicemails from the accuser that indicate a motive to lie about getting assaulted; and/or
- witnesses who may have overheard the accuser admitting to making up the allegations; and/or
- testimony from an expert medical witness who believes the accuser’s injuries were self-inflicted.
We have also seen cases where the defendant was misidentified as the actual perpetrator out of a lineup. In these situations, we rely on expert witnesses to explain to the jury how lineup IDs can be unreliable, especially if the perpetrator was masked or if the sexual contact occurred in a dark room.
2) No Sexual Penetration Occurred
In every rape case, the D.A. has the burden to prove beyond a reasonable doubt that penetration occurred. In most sexual assault cases we see, there are no eyewitnesses, video recordings, or rape kits. Oftentimes, the only evidence is dueling testimonies.
When prosecutors know they will have a difficult time getting a conviction due to lack of proof, they may agree to dismiss the case. Or if all the D.A. can prove is non-consensual groping, then the D.A. should reduce the charge down to unlawful sexual contact.
3) The Sex Was Consensual
Consent would be a full defense to sexual assault charges, even if the accuser regretted the sex afterward. We rely on the following “circumstantial evidence” to show that the accuser consented to sex:
- recorded communications from the accuser following the alleged assault that indicate they consented; and/or
- eyewitnesses who saw the accuser near the time of the alleged assault and who can attest to them being sober and conscious; and/or
- testimony from an expert medical witness who believes the accuser was not a victim of assault.
Many rape cases fall into “grey areas.” Maybe there was a miscommunication, and you honestly believed your partner consented. Here is a scenario we commonly see:
Example: Kim and Jordan are making out in his dorm room. Kim tells Jordan to “do it already.” Kim means for Jordan to give her oral sex, but Jordan takes it as a green light to have intercourse. Kim protests when Jordan penetrates her, and Jordan immediately stops. Still, Kim calls the police claiming she has been raped.
Jordan’s claimed misunderstanding could create reasonable doubt about whether he knew Kim did not consent. Whether it defeats the charge would depend on the words, conduct, and surrounding circumstances.
Note that voluntary intoxication ordinarily is not a defense to sexual assault because it does not excuse conduct or negate the statutory “knowingly” mental state. You generally cannot avoid liability merely by arguing that alcohol or drugs prevented you from recognizing the other person’s lack of consent.6
6. Lawsuits
Sexual violence victims in Colorado can seek civil remedies such as monetary compensation by bringing a lawsuit. They can sue whether or not criminal charges are brought.
Note that civil cases are easier to win than criminal cases. In a civil lawsuit, the plaintiff (victim) has to show only by a preponderance of the evidence that you are liable. Therefore, it is possible for you to be acquitted in criminal court but found liable in civil court.
That being said, if we can get your rape charge dismissed in criminal court, it can only help you if you are later sued: Many of the defenses we used to dismantle the state’s case can be used when defending your lawsuit.
The following table compares and contrasts criminal and civil sexual assault cases.
| RAPE CASES | Criminal Litigation | Civil Prosecution |
| Charge/cause of action | Sexual assault | Battery, assault, intentional infliction of emotional distress, false imprisonment, and related tort claims |
| Meaning under the law | Non-consensual sexual penetration | Intentional use of unlawful physical force |
| Type of law | Statutory | Common law |
| Is penetrative sex required? | Yes | No |
| Victim’s role | State witness | Plaintiff |
| Accused person’s role | Defendant | Defendant |
| Burden of proof | Beyond a reasonable doubt | By a preponderance of the evidence |
| Penalties | Prison, fines, and sex offender registration | Money damages and injunctive relief |
| Defenses | Consent or false allegations | Consent or false allegations |
7. Public Records
Criminal court records are generally public unless sealed, suppressed, or otherwise protected by law or court order. However, the availability of particular documents online varies, and obtaining filings may require a request to the court clerk or use of an authorized court-records service. Note that the victims’ names are often redacted.7
Many rape cases make the news, so even when our clients are acquitted or have their cases dismissed, their names will still appear on media websites. Part of what we can do after a case is speak to the media and explain exactly why you were innocent and how the charges had no basis in reality: These interviews often go to the top of search results so that web audiences learn right away that you were vindicated.
Frequently Asked Questions
What is the difference between sexual assault and unlawful sexual contact in Colorado?
Sexual assault requires penetration (vaginal, oral, or anal sex, or fingering), while unlawful sexual contact involves non-penetrative touching of intimate areas like breasts or buttocks. Sexual assault typically carries more severe punishments than unlawful sexual contact.
We find that many of the same defenses that can be employed in rape cases also work in unlawful sexual contact cases. These include the allegations being false or the alleged victim consenting.
Do I have to register as a sex offender if convicted of sexual assault in Colorado?
Yes, most sexual assault convictions in Colorado require lifetime sex offender registration. You will be listed in the Colorado Bureau of Investigation (CBI) database, which is publicly searchable and includes your name, address, and conviction details.
The most important advice we give to people on the registry is to register on time. Failing to register is its own separate crime that can carry prison. Even if we are able to get your sexual assault conviction reversed, failing to register even once will still show on your criminal record.
Can I get probation instead of prison time for a sexual assault charge?
Probation may be available instead of prison if the defendant is eligible and the court finds it appropriate after considering the required sex-offender evaluation and sentencing factors. When imposed under the Lifetime Supervision Act, probation is generally 10 years to life for a class 4 felony and 20 years to life for a class 2 or 3 felony.
Lots of the probation violation cases we see involve probationers who get sloppy and complacent. If your probation is three years, and you abide perfectly except for the very last day of probation, the court can still revoke your probation and remand you to prison. We tell probationers to “wear a halo” throughout their entire term.
What happens if someone falsely accuses me of sexual assault?
Firstly, contact an experienced criminal defense attorney. Post #MeToo and Time’s Up, prosecutors are pursuing sexual assault cases as aggressively as ever.
Secondly, do not speak to anyone. The police and investigators will use your words against you, so let your attorney speak for you.
Finally, document everything. Keep all of the accusers’ text messages, voicemails, emails, and other recorded communications. Often we can find indications that your accuser is angry at you and wants to get their revenge on you by levying false rape allegations.
Resources for Victims of Sexual Assault
You can report rape by 1) a police report, 2) a medical report, or 3) an anonymous report. Learn more in the State of Colorado Division of Criminal Justice’s handbook Sexual Assault Reporting Options: Guidelines for Response.
The Colorado Coalition Against Sexual Assault (CCASA) is a statewide organization that offers support and advocacy for rape victims. You can reach them at 303-839-9999. Links to specific resources are:
- Forensic Compliance Team (FCT)
- Sexual Assault Response Teams (SARTs)
- You Have the Right
- Colorado Sexual Assault Nurse Examiner / Sexual Assault Forensic Examiner (SANE/SAFE) Project (COSSP)
Financial Resources for Rape Victims (Colorado):
- Sexual Assault Victim Emergency Payment Program (SAVE) – Medical Forensic Exam Payment Request Form to help pay for a medical forensic exam (MFE)
- Victim Compensation – Colorado Division of Criminal Justice
Crisis Organizations and Information for Survivors (Colorado):
- SAVA (Sex Assault Victim Advocate) in Northern Colorado: 970-472-4200
- The Blue Bench in Denver: 303-329-9922
- Project Safeguard in Colorado: 303-219-7049
- Office for Victims Programs (OVP): 303-239-5719
- Ending Violence Against Women Program, Colorado District Attorney’s Council: [email protected]
Crisis Organizations and Information for Survivors (National):
- RAINN (Rape, Abuse, and Incest National Network): 1-800-656-HOPE (4673)
- SCESA (National Organization of Sisters of Color Ending Sex Assault): [email protected]
- 1in6 (for male victims): [email protected].
- Joyful Heart Foundation: 212-475-2026
- WomensLaw.Org: 1-800-799-7233
See our related articles on invasion of privacy for sexual gratification (C.R.S. 18-3-405.6), sexual exploitation of a child (C.R.S. 18-6-403), spousal rape, sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3), and statute of limitations for sexual assault in Colorado.
Legal References:
- Colorado Revised Statute 18-3-402 – Sexual Assault
(1)
Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a)
The actor causes sexual intrusion or sexual penetration knowing the victim does not consent; or
(b)
The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(c)
The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
(d)
At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e)
At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
(f)
The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
(g)
The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h)
The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
(2)
Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4), and (5) of this section.
(3)
If committed under the circumstances of subsection (1)(e) of this section, sexual assault is a class 6 felony. Notwithstanding any other provision of law, a person convicted of subsection (1)(e) of this section is eligible to petition for removal from the registry in accordance with section 16-22-113 (1)(b).
(3.5)
Sexual assault is a class 3 felony if committed under the circumstances described in paragraph (h) of subsection (1) of this section.
(4)
Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:
(a)
The actor causes submission of the victim through the actual application of physical force or physical violence; or
(b)
The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats; or
(c)
The actor causes submission of the victim by threatening to retaliate in the future against the victim, or any other person, and the victim reasonably believes that the actor will execute this threat. As used in this paragraph (c), “to retaliate” includes threats of kidnapping, death, serious bodily injury, or extreme pain.
(d)
The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission.
(e)(Deleted by amendment, L. 2002, p. 1578, § 2, effective July 1, 2002.)(5)(a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist:
(I)
In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or
(II)
The victim suffers serious bodily injury; or
(III)
The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.
(b)
Intentionally left blank —Ed.
(I)
If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence the defendant in accordance with section 18-1.3-401 (8)(e). A person convicted solely of sexual assault pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section 18-1.3-406 (2). Any sentence for a conviction under this subsection (5) shall be consecutive to any sentence for a conviction for a crime of violence under section 18-1.3-406.
(II)
The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.
(6)
Any person convicted of felony sexual assault committed on or after November 1, 1998, under any of the circumstances described in this section shall be sentenced in accordance with the provisions of part 10 of article 1.3 of this title.
(7)
A person who is convicted on or after July 1, 2013, of a sexual assault under this section, upon conviction, shall be advised by the court that the person has no right:
(a)
To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;
(b)
To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;
(c)
Of inheritance from a child conceived as a result of the commission of that offense; and
(d)
To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense. - C.R.S. 18-3-402.
- Same; C.R.S. 18-1.3-202; C.R.S. 18-1-901(p); see Cortez v. People (1964) 155 Colo. 317, 394 P.2d 346. See also People v. Martinez, (Colo. App. 2020) 486 P.3d 412. Deadly-weapon sexual assault is a class 2 felony subject to the special sentencing provision incorporated by C.R.S. 18-3-402(5)(b). A defendant convicted solely under subsection (5) is not sentenced under the ordinary crime-of-violence provision in C.R.S. 18-1.3-406(2).
- C.R.S. 18-3-414.5. The following information about offenders is publicly searchable through the (CBI): Name, address, and date of birth, physical description, specific crime(s) and date(s) of conviction, predatory habits (modus operandi), if known, and whether you are considered a “sexually violent predator” (SVP). Offenders are classified as a sexually violent predator if 1) they were at least 18 at the time of the offense or were tried as an adult, and 2) the victim was a stranger, or the offender established a relationship for the sole purpose of sexual victimization, and 3) the CBI’s risk screening assessment indicates the offender is likely to commit a subsequent sex offense.
- C.R.S. 18-3-412.5 – .6.
- See People v. Roark (Colo. 1982) 643 P.2d 756. Colorado courts have still not ruled whether involuntary intoxication could be a defense to rape charges. See also People v. Mena (Colo.App. 2025) 567 P.3d 161 (re. admissibility of post-assault behavioral evidence and credibility).
- C.R.S. 24-72-304.