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- Age of Consent and Difference in Age.
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- Statutory Rape and the Age of Consent in Colorado.
Sexual assault on a child occurs when there is sexual touching not including penetration , even if the touching is over clothing, when the minor is 14 or younger, and the defendant is at least four years older than the minor. State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including statutory rape must register as sex offenders.
One or more of the following defenses may also apply. Colorado has a marital exemption for statutory rape that allows married people to have consensual sex even if their ages would prohibit it if they were not married.
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The marriage defense is a remnant of the marital rape exemption. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in Colorado, Tony need not fear criminal charges for having consensual sex with Jen.
This is because Colorado has a marital exemption to the Colorado statutory rape laws. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. There is also an exception for a 15 or year-old minor who has sex with someone who is nine or fewer years older than the minor. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
Colorado Age of Consent Lawyers | LegalMatch Law Library
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But in Colorado, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape.
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If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time ; and will know how prosecutors and judges typically handle cases like yours.
Colorado Statutory Rape Laws.
Statutory Rape Laws in Colorado
Because of this age of consent law, a nineteen year old man was arrested and is being held in Eagle County for Sexual Assault of a Child because of a choice he made two years ago. Even though five years does not seem like much of an age difference, the law thinks differently. The law says five years is too much when it comes to sexual relationships and the sexual choices of teens, minors, and juveniles.
Colorado does not recognize anyone younger than seventeen as being legally capable of giving their consent in a sexual relationship.
What Is the Age of Consent in Colorado?
Not unless both people are within four years of age. The law does make an exception for juveniles who are under the age of 17 and wish to engage in sexual activities with another juvenile.
This provides for minors who are both under the legal age of consent but close to the same age. They may engage in sexual activities without worrying about legal prosecution in Colorado cities like Englewood, Aurora, Lakewood, or Castle Rock. Colorado gives a child of 15 or 16 the legal right to consent to sexual relations with someone else not more than ten years older than them. And, children younger than 15 may also give legal sexual consent to a person not more than four years older than them. If the older person in the relationship is in a position of trust with the younger, the age restrictions are different.