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Colorado law does not explicitly define something as statutory rape.  However the severity of the crime is dictated by age different between the parties.

The easiest place to start is what is the age of consent in Colorado?  In almost all circumstances the age of consent in Colorado is 17.  This means that when an individual turns 17, they can consent to sexual intercourse with anyone who is older than they are.  There are certain situations dealing with are called “positions of trust,” which I’ll discuss later, where the age of consent is 18.

When someone is under the age of 17, you have to look at the age difference between the parties to determine whether or not a sexual encounter is consensual, or if there’s been a crime committed.

If someone is less than 15 years of age, it is a crime if the difference in age between the parties is 4 years or more.  This is the prime example that everyone likes to give when discussing statutory rape:  the high school senior dating the freshman.  In Colorado so long as their ages are not more than 4 years and 1 day apart, there can be a consensual sexual encounter between them and there is no crime.  If the age difference is more than 4 years, it is a Class 4 Felony, Sexual Assault on a Child.  Someone accused of this crime could receive an indeterminate prison sentence.

If someone is at least 15 years of age and less than 17 years of age, it is a crime if the difference in age is 10 years or more.  If the age difference is more than 10 years, it is a Class 6 Felony Sexual Assault, which does not carry a potential for an indeterminate sentence.

Finally, the age of consent in Colorado is 18, if a position of trust exists between the parties.  Think a boss at a job, a coach, teacher, etc.  In this situation, it does not matter how close the parties are in age, or if it’s consensual, everyone must be over the age of 18.

Statutes of Limitations

Statutes of limitations are laws that set the maximum amount of time after an event within which legal proceedings can be initiated. In Colorado, the statutes of limitations for these type of cases cases vary depending on the age of the victim.

In Colorado, if the victim if less than 15 years of age (the Class 4 Felony), there is no statute of limitations.  That means that someone accused of this crime can still be charged 15, 20 or 30 years after the incident(s).  Is it realistic that someone would be accused and charged that long after the incident?  No, but it is allowable under statute.

If the victim is 15 or 16 years of age (the Class 6 Felony), the statue of limitations is 3 years from the date of the incident.

Impact on Legal Defense Strategies

For defense attorneys, knowledge of the statutes of limitations allows them to craft effective legal defense strategies tailored to the specific circumstances of the case. In cases where the statute of limitations could have potentially expired, defense attorneys may seek to have the charges dismissed on grounds that the prosecution’s claims are time-barred. However, if the statutes of limitations have not expired, defense attorneys may explore other defense strategies, such as challenging the evidence or questioning the credibility of witnesses.

Remember that this blog only deals with consensual sexual encounters between individuals, and at least one of the people involved is under the age of 18.

Importance of Legal Representation

Regardless of whether the statutes of limitations have expired or not, building a strong defense is paramount in statutory rape cases. This involves thorough investigation, meticulous case preparation, and strategic legal advocacy. For individuals accused of statutory rape, seeking the guidance and representation of an experienced criminal defense lawyer is essential. A skilled attorney can provide invaluable support and guidance throughout the legal process, working tirelessly to protect the rights and interests of the accused and achieve the best possible outcome in the case.

In conclusion, understanding Colorado’s statutory rape statutes of limitations is crucial for all parties involved in such cases. By knowing the applicable timeframes and their implications, prosecutors and defense attorneys can effectively navigate the legal landscape and ensure that justice is served in accordance with the law.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.