Legal Question in Criminal Law in Colorado

Statutory Rape

A man had intercourse with a seventeen year old girl two years ago. He and his wife just went to counseling yesterday and the counselor has to report the situation to the state. Could the man possibly go to jail for the incident two years ago?


Asked on 10/17/07, 11:15 am

3 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Statutory Rape

Yes, the statute of limitations on sexual assualts is very long and the therapist has a legal obligation to report any crimes revealed in therapy. However, this may not be a crime, as the girl is over 15. The man needs to speak to an attorney like myself who specializes in defending sex assualt cases, as he does not want to incriminate himself and must protect himself and his legal rights. I'd be happy to help in a any way I can. Good luck.

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Answered on 10/17/07, 11:47 am
Jason Savela The Savela Law Firm, PC

Re: Statutory Rape

Section 18-3-402(1)(e) indicates that if the alleged victim is at least 17, then no sexual assault, assuming consent.

But, Section 18-3-405.3 indicates that a person in a position of trust (coach, teacher, parent, babysitter) can commit sexual assault up to 18 yo, even with consent. This is a life sentence. If this could apply to you, get as much money as you can find an contact a good lawyer.

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Answered on 10/17/07, 4:39 pm
Philip Rosmarin Rosmarin Law Firm

Re: Statutory Rape

If the girl was 17 two years ago (at the time of consensual sex), and the man was not in a position of responsibility for, or authority over, her, he did nothing legally wrong. The counselor in that situation did not have a responsibility to report the contact to anyone, and should have known that.

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Answered on 10/17/07, 5:27 pm


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