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Sex crimes are serious offenses. From jail or prison time to the sex offender registry to losing custody of your children, there are serious penalties that come with being convicted of a sex crime. And what happens if the charges you’re facing are false or trumped up? You need to work with a Fort Collins sex crime defense lawyer to create the best possible defense strategy to help protect your rights, reputation, and your future. If you’re in the Fort Collins area, schedule your free consultation with a sex crimes attorney from Martin & Reed, LLC by calling (970) 573-5187 or completing our contact form. Regardless of the sex crime you’re facing, we have the experience you need to get the best possible results for you. Schedule a free consultation now.
What Are Sex Crimes in Colorado?
Colorado state law defines a sex crime as one of the following offenses:
- Sexual assault in the first, second, or third degree
- Unlawful sexual contact
- Sexual assault on a child
- Sexual assault on a client by a psychotherapist
- Enticement of a child
- Incest or aggravated incest
- Child trafficking
- Sexual exploitation of children or the procurement of a child for sexual exploitation
- Indecent exposures
- Soliciting for child prostitution or procurement of a child for prostitution
- Pimping of a child or inducement of a child for prostitution
- Pandering of a child
- Keeping a place of child prostitution or patronizing a prostituted child
- Engaging in sexual conduct in a penal institution
- Wholesale promotion of obscenity to minors or promotion of obscenity to minors
- The criminal attempt, conspiracy, or solicitation to commit any of the above
- Internet sexual exploitation of a child
- Internet luring of a child
Being accused of or charged with any type of sex crime can have serious consequences for you and change your life as you know it. If you’re fighting sex crime charges in Fort Collins, don’t wait to discuss your case with a sex crime defense attorney from Martin & Reed, LLC. You can count on our criminal defense lawyers to be nonjudgmental and to build you a solid defense strategy for your case.
When You Thought You Had Consent for Sexual Contact
Certain sex crimes that are charged raise the issue of consent. Clearly, this has nothing to do with allegations that involve child trafficking, the sexual exploitation of children, or other sex crimes involving children. If you were involved in sexual activity with another adult that you believed to be consensual, but you were later charged with a sex crime, you may have thought you had consent. This happens in Fort Collins and the surrounding areas more commonly than you may think.
So, what is consent? Consent is the cooperation in the act or the person’s attitude that shows they have free will and knowledge of what’s going on. It has nothing to do with the current relationship with you or their previous relationship with you. It means that in that moment, they were a willing participant and they were not influenced by fear when they engaged in the sexual act with you.
The participant must have the legal capacity to consent. They must be of the proper age. They must not have a mental defect, they must not be mentally incapacitated, and they must not be physically helpless. They cannot be unconscious or asleep, be under your authority such as in a hospital or prison, be drugged, or be in the middle of receiving a medical exam.
What Is the Age of Consent in Fort Collins?
The age of consent in Colorado is 17. However, that does not take all of the issues away from the alleged sex crime. There are still other hurdles that must be overcome. If you’re charged with a sex crime in Fort Collins or the surrounding areas, it’s crucial that you schedule your free consultation with a criminal defense lawyer from Martin & Reed, LLC, immediately.
Are There Legal Defenses for Sex Crimes in Fort Collins?
There can be defenses for sex crimes. However, the defenses chosen are done so based on the circumstances surrounding each case. This is why it is important to call Martin & Reed, LLC, as soon as you can. Some of the legal defenses to sex crimes may include:
- Consent of the alleged victim. The alleged victim consented or agreed in some way to participate in the activity.
- Mistake of fact. You had the mistaken belief the alleged victim consented to the sexual activity.
- Delays in prosecution. This is based on the statute of limitations. It is not available for crimes against children.
- Diminished capacity. You have a diminished capacity of some kind. For example, you have a mental disease or defect as defined by law.
Insanity. You meet the state’s applicable test of insanity.
- Voluntary intoxication. While this does not act as a complete defense, it may help toward a lesser included offense in some instances. It may also lead to the next defense, involuntary intoxication in some instances.
- Involuntary intoxication. Colorado’s involuntary intoxication defense means that someone, even the defendant, may be under the influence of an intoxicating substance without their knowledge. It may be a prescribed or over-the-counter medication that causes an unexpected or adverse effect on the person to the point that they may not know right from wrong. This defense does not include addiction.
Will Federal Laws Impact Your Sex Crimes Case?
In addition to Colorado sex crime laws, some sex crimes also mean that you could face federal charges. It’s crucial that you call the experienced sex crime defense attorneys in the Fort Collins office of Martin & Reed, LLC, immediately. We have a deep understanding of both Colorado and federal laws that you could be charged under, depending on the allegations levied against you. Some of the federal laws include:
- The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act
- Megan’s Law
- The Pam Lychner Act
- The Amber Alert program
Sex Crime Accusations and Convictions Can Damage Your Life
Being accused of, charged with, or convicted of a sex crime can do serious and long-lasting damage to your life. If you’re in the midst of fighting sex crime charges, don’t wait to call Martin & Reed, LLC, to discuss the facts surrounding your case with an experienced Fort Collins sex crime defense attorney. We’re not here to judge. We’re here to help.