Legal Question in Criminal Law in Colorado

Statutory Rape?

We live in Colorado. My friend is concerned about her 19 year old son who has recently started ''seeing'' a 15-year old girl. He says that they are not having sex. I checked some Colorado statutes to see if he could be charged with statutory rape, and based on what I found, it doesn't seem like he could be. I searched the postings here, and found something from a year ago. Has the law changed? What I found is: CRS 18-3-405 says ''Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.'' CRS 18-3-404: (1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if: (a) The actor knows that the victim does not consent; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct.

Are there other statutes that apply to his situation (is there something else he could be charged with, especially if the girl's parent(s) find out and contact the police)? What is the likelihood that the District Attorney would actually prosecute my friend's son if the police are contacted?


Asked on 11/09/03, 12:42 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Statutory Rape?

The other statute that you should review is �18-3-405.3 - any actor who knowingly subjects another not hsi or her spouse to any sexual contact commites sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.

Position of Trust means any person who is a parent or acting in the plcace of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including guardian, or someone otherwise responsible for the general supervision of a child's welfare or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child including foster care, child care, family care, or institutional care, either independently or throug another, no matter how brief at the time of an unlawful act.

Prosecutors are relentless on these cases if they fit the law. Make sure this girl is really 15 yo - teens lie. Make sure they did not meet as coach and player, teacher and student or babysitter etc. The other way to get charged is to get her drunk and have sex - in that the victim is helpless bc too drunk to consent.

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Answered on 11/10/03, 12:37 pm


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