Colorado age dating laws

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. 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. 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. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Colorado Statutory Rape Laws.

Statutes governing Colorado's age of consent, associated criminal charges, available defenses, and penalties for conviction. Sexual assault occurs when there is penetration vaginal intercourse, oral or anal sex, or penetration with an object or body part, however slight between: In the case of statutory rape, the victim is unable to legally give consent because of their age.

In many cases, the victim does not report the incident to police or law enforcement.

Instead, it may be their parents, teachers, or even a jealous ex who reports statutory rape to the police. People charged with statutory rape may feel that the term is unfair because it conjures up images of forcible sex and labels them as a rapist. However, under Colorado law, statutory rape and forcible rape are both charged as sexual assault. There are a couple of exceptions to statutory rape charges in Colorado, including a close-in-age exception and a marriage exception. A person who is under the age of 15 can have sex with someone who is within 4 years of their age.

For example, a year-old can have sex with a year-old even though the year-old is under the age of consent.

This is because the older individual is not more than 4 years older. The allowable age difference is greater for individuals older than 15, but younger than Someone under the age of 17, but older than 15, can consent to have sex with someone who is not more than 10 years older. This is a broad close-in-age exception. For example, a year-old could consent to have sex with a year-old because the older individual is not more than 10 years older. Additionally, the crime of statutory rape does not apply to individuals who are legally married.

Sex with someone under the age of consent is not a criminal offense if it occurs between spouses.

These exceptions only apply to statutory rape, not other forms of sexual assault. There is no close-in-age or marriage exception to rape or sexual assault. The penalties for statutory rape depend on a number of factors, including the age difference between the individuals involved and the defendant's criminal history. At the time of the commission of the act, if the victim is less than fifteen years of age and the actor is at least four years older than the victim, statutory rape is a class 4 felony. At the time of the commission of the act, if the victim is at least fifteen years of age but less than seventeen and the actor is at least ten years older than the victim, then the actor may be charged with a class 1 misdemeanor.

A conviction for felony sexual assault requires registration as a sex offender. Your name will be entered into the Colorado Bureau of Investigation's sex offender registry. Anyone may be able to search for felony sex offenders on a state website available to the public. A conviction for misdemeanor sexual assault will not be listed on the sex offender registry.

However, the second conviction for sexual assault may result be included on the sex offender registry. A sex offender will have to register with the local chief of police or county sheriff. This includes providing their name, date of birth, address, place of employment, fingerprints, a photograph, email addresses, and instant messaging or chat room identities. They have to re-register every year within 5 days of their birthday. They also have to re-register if they change address or begin working at an institution of higher education.

Sexual assault convictions also subject the individual to lifetime supervision. Many people are surprised to learn they are charged with statutory rape because they believed the person to be over the age of consent. However, a mistake of fact is not a defense. Even if the underage victim said they were 17, having sex with them may still be considered statutory rape.

Verbal consent is not a defense to statutory rape charges.

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It does not matter if the underage individual wanted to have sex, agreed to have sex, or even instigated sex. No matter what the underage individual says or does, they are not legally able to consent to sex, making it a form of sexual assault. Even if you think you do not have a chance to fight statutory rape charges, you may have a number of possible defenses in your case.

It is also the prosecutor's burden of proof to show that you are guilty beyond a reasonable doubt. Possible defenses may include showing no sexual intercourse occurred or the alleged victim is making false accusations. Your Colorado criminal defense attorney will examine the evidence, conduct an investigation of the incident, and identify all available defenses in your case.