Colorado Rape and Sexual Assault Laws
By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed February 27, 2025
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Colorado criminalizes rape and sexual assault. The state differentiates the crimes based on whether penetration happened or only touching of genitals and other intimate parts.
The penalties for each crime vary depending on the circumstances. Also, aggravating factors may increase criminal responsibility. For example, using force or date rape drugs can increase the penalties upon conviction.
The following table details Colorado’s rape and sexual assault laws.
Code sections | Colorado Revised Statutes (C.R.S.) § 18-3-402 (Sexual assault) C.R.S. § 18-3-404 (Unlawful sexual contact) CRS § 18-3-401 (Definitions) |
---|---|
Sexual assault | A person commits sexual assault if they knowingly sexually penetrate or sexually intrude upon a victim and the defendant does any of the following:
A person also commits sexual assault if they knowingly sexually penetrate or sexually intrude upon a victim and the actor knows the victim is any of the following:
Penalties Sexual assault is a Class 4 felony. (§ 18-3-402(2)). But the classification and applicable penalties vary depending on the circumstances listed below.
If any of the following circumstances apply to a sexual assault, the actor is guilty of a Class 3 felony:
The actor is guilty of a Class 2 felony if any of the following circumstances exist:
|
Unlawful sexual contact | "Sexual contact" means the following (§ 18-3-401(4)(a)-(c)):
Someone commits unlawful sexual contact when someone subjects another person to sexual contact and one of the following factors is true (§ 18-3-404):
Penalties Unlawful sexual contact is a Class 1 misdemeanor (§ 18-3-404(2)(a)). But, it is a Class 4 felony if the actor does the following:
|
Defenses | It’s not a defense that a defendant was married to the victim when the sexual assault happened unless specifically provided for in the statute. (§ 18-3-409) |
Related statutes |
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Note: State laws change often. Contact a Colorado sex crimes attorney or conduct your own legal research to verify the state laws you are researching.
Related Resources
For more information about Colorado law and criminal cases on sexual abuse, visit the following links:
- Colorado Law
- Colorado Criminal Law
- Colorado Criminal Statute of Limitations Laws
- Colorado Prohibited Sexual Activity Laws
- Colorado Prostitution and Solicitation Laws
- Statutory Rape
- Sexual Assault Defenses
- The Sex Offender Registry: What You Need to Know
Charged With Rape or Sexual Assault? Talk To an Attorney Today
Rape and sexual assault charges present a challenging situation for defendants. There are often few witnesses, and the penalties can damage your reputation, employability, and liberty for years. Contact an experienced Colorado criminal defense lawyer for help in your sexual assault case. They can give specific legal advice for your case and general information about the following:
- Specific defense strategies for alleged sexual acts
- Criminal rights during a Colorado sexual assault case
- Whether to engage in plea bargain negotiations and the consequences of a guilty plea
If you are the victim of sexual assault, contact local law enforcement or a Colorado sex crimes attorney. You can also contact Colorado state or your county for other resources, such as victim advocates and rape crisis centers.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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