Douglas County Sexual Assault Attorney

Inmates Cannot Consent Under Colorado Law

When it comes to Sex Assault charges in Castle Rock and Douglas County, anyone with authority over a person who is in custody or detained can be charged with Sexual Assault for having relations with an inmate. Basically, inmates are seen as not able to consent in these situations because of the position of trust or authority the other person holds. A female jail worker was recently charged for having a sexual relationship with an inmate. She is facing a prison sentence herself, though her attorneys are arguing for a probation sentence.

Sex Assault Lawyer in Castle Rock: Definition of Sexual Assault

In Castle Rock, Highlands Ranch, and Parker, Sexual Assault as it relates to the above case – C.R.S. 18-3-402(1)(f) – is defined as:

“

(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search;”

While it specifically states that the person must use their position of authority to coerce the victim, often holding a position of authority by itself is assumed to cause the coercion. Victims will say that they felt they had no choice because of the person’s status, whether specific coercive statements were made or not.

Sentence for Sexual Assault in Douglas County

In Douglas County, Sexual Assault is a class 4 felony and subject to indeterminate sentencing. This means the judge will set a minimum amount of time based on the presumptive range, but the maximum will be set at life. Basically, the person will have to serve a certain amount of time and then the parole board has discretion as to when the person is released.