Legal Question in Criminal Law in Colorado

Statatory Rape?

Girl is 14 boy is 17(thinks girl is 15 or 16). Girl tex boy to ask him to come to her house after curfew. Boy takes parents car, sneaks out of hotel, drives to her house, guard at gate lets him in(gated community). They sit in car and talk and then have sex in her parents driveway in the car. She never says no or please quit. She goes along with the whole thing. Parents find out. Girl has been in trouble for sneaking out and cell phones in past.


Asked on 7/16/09, 1:06 pm

5 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Statatory Rape?

yes, if girl is under 15.

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Answered on 7/16/09, 1:36 pm
Robert Tuthill Law Office of Robert H. Tuthill

Re: Statatory Rape?

As long as the child is 14 years of age or older, the boy would have a defense if he is less than three years older. So if the girl was 14.5 years old and the boy just turned 17, he would have a defense under the law.

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Answered on 7/16/09, 2:03 pm
Stephen Anderson Anderson & Carnahan

Re: Statatory Rape?

Where age difference is less than four years and person holds themselves out as over 15 may not be statutory. However be careful of staged phone calls.

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Answered on 7/16/09, 3:58 pm
Jason Savela The Savela Law Firm, PC

Re: Statatory Rape?

CRS 18-3-405(1) sex with victim under 15 and defendant is at least 4 years older than the victim

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knowledge of age may be presented as a defense

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but if ages above are correct, then she is within 4 years of his age and there should not be a charge

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if boy is in a position of trust (babysitter, teacher, coach, etc) at any time in this relationship, then he is in trouble

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beware of the pre-text phone call where girl calls boy from police station to discuss what happened and she will try to get him to admit things about whether she consented, whether he knew that, what her age was, what happened, whether they met at all, etc --- this is recorded by police with her cooperation (well, her parents) to gather evidence. If she wants to talk, ask her to meet at a public place. She will not, she will want to talk now on the phone - that is a sign.

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sooner you get a lawyer involved, the better your chances of getting out of this problem

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Answered on 7/16/09, 5:16 pm
Robert Tuthill Law Office of Robert H. Tuthill

Re: Statatory Rape?

FYI, the other answers you have received have been from attorneys in Colorado. You list your state as CO, (TX) but your zip code looks like a Texas zip code.

The answer I already gave would be for a question relating to Texas. The other answers would be for Colorado. I just noticed the discrepancies in the answers and wanted to clear that up.

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Answered on 7/16/09, 8:51 pm


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