Legal Question in Criminal Law in Colorado

sexual assault

A couple of months ago I reported my boyfriend for sexually assaulting me. I did this because of spite and it never really happened. They arrested him, and charged him with that crime and a few others. At that time the police also imposed a restraining order on him. Some time later we were caught together and they put an ankle monitor on him. To make this sordid tale a little shorter, I will cut to the chase... His trial is coming up and the police want me to testify against him. I am unwilling to do this because I want to tell the truth and I believe that if I do the police will try to arrest me for lying, or fine me or something worse. What should I do? I have been told that if I do nothing (like show up on the trial date, that they can prove nothing and this will all go away. Do you have any suggestions?


Asked on 1/07/08, 2:22 pm

3 Answers from Attorneys
Richard B. Huttner Richard B. Huttner, P.C.

Re: sexual assault

If you testify and change your story from the intial report, you could be charged with false reporting. I would retain an attorney to represent you. The attorney should contact the prosecuting attorney and tell them that you can not testify becuase you could subject yourself to criminal prosecution. Often the prosecuting attorney will grant you immunity and make you testify despite reluctance. Your boyfriend should have an attorney to properly represent him.

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Answered on 1/07/08, 2:27 pm
John Steele Steele Law Firm

Re: sexual assault

First, you need an attorney. Testifying to something that did not happen is a crime, and is just unfair to the boyfriend.

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Answered on 1/07/08, 3:13 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: sexual assault

Sex assault charges, even if he is acquitted, can later be used against him. Making up charges is unfair and will stay with him for years. He obviously needs an attorney. You do too, and not the same one. If a subpeona has been mailed to you, you can ignore it. If it is personally served on you, you must testify. Testify truthfully.

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Answered on 1/07/08, 5:19 pm


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