In Colorado, all sex assault allegations are serious sex crimes with enormous life changing penalties. You need to immediately contact a qualified sex crimes defense lawyer. Please call me to discuss representation.
As any good lawyer will answer any question, "it depends." But, the simplest answer is 17 years old. In Colorado, a 17 year old can consent to sexual activity of any kind with a person of any age. But, there is an exception.
A 17 year old cannot consent to sex with a parent, teacher, coach, babysitter, pastor, or anyone else that is in a Position of Trust with the 17 year old (CRS §, 18-3-405.3). Position of trust is a broad definition and generally applies to any person that acts as a trusted adult to the child or anyone that the parents would think of as a trusted adult. If there is a position of trust, the age of consent is 18 years. Sex with a person under 18 in a position of trust is charged as sexual assault on a child, a class 3 felony with lifetime supervision on probation, parole or prison, sex offender treatment and sex offender registration. CRS §18-3-405.3(3)
A person 15 - 17 years of age cannot consent to sex with a person 10 years or more older than them. Sex under these circumstances is charged as Sexual Assault or statutory rape. It is only a class 1 misdemeanor, but penalties include sex offender registration, sex offender treatment and a possible 2 year jail sentence. CRS §18-3-402(1)(e)
A person under 15 years of age cannot consent to sex nor any sexual contact with a person 4 years or more than them. Sex under these circumstances is charged as Sexual Assault on a Child or Sexual Assault. It is a class 4 felony, with penalties including sex offender registration, sex offender treatment and a possible prison sentence. CRS §18-3-405 (for any sexual contact), CRS § 18-3-402(1)(d) (for sex)
Consent to have sex, or sexual contact, must be voluntary and not given through the threat or application or force. Consent may be found invalid if the person is intoxicated or otherwise impaired or unconscious.
If you have any reason to believe someone is accusing you of a Colorado sex crime, you need to immediately contact an experienced, qualified Colorado sex crime defense lawyer. Call me to discuss your case and representation.
Beware of the Pre-Text Phone Call
A common ploy by police to coerce a confession to sex crime is to have the alleged victim or accuser call you and attempt to get you to discuss the events. Often the alleged victim suggests that s/he will feel better and everything will be OK if you just admit you did something. This happens prior to being charged, arrested, interviewed and often before you are aware that there is a problem. The conversation is designed to get evidence from your mouth to convict you, including agreeing with the accuser on anything, that the accuser said no, that you knew the accuser's age, that you had sexual contact or sex, that you knew s/he was really drunk, and that you apologize for your actions. The conversation is being recorded by the police. The accuser has been coached by police about what to say and how to say it. The police are sitting in the same room as the accuser. If you get this call, politely hang up (immediately) and call an experienced sexual crimes defense lawyer.
Important Information about Sex Crimes in Colorado:
Just say "I want a lawyer" - there is nothing you can tell the police today that you cannot tell them tomorrow with a lawyer.
Sex Crimes in Boulder and all of Colorado are extremely serious offenses. Most of the charges require a lifetime in prison, or lifetime supervision on parole/probation and lifetime registration as a sex offender. Get a qualified sex crime defense lawyer immediately. Do not trust the prosecution or police to prove your innocence. They already are convinced you are guilty. Most Boulder, Colorado sex crimes are serious felonies.
If you are accused of a sex crime or suspect you might be accused of a sex crime, you should immediately contact an experienced sex crime defense lawyer. You should not speak to police or prosecutors without a sex crime defense lawyer. You should not discuss the facts with anyone but your sex crime defense lawyer. Call me. I can help.