Forcing someone to have sex with you is charged as Sexual Assault. When a deadly weapon is involved, the Sex Assault charge is aggravated to a high level felony. A woman is facing this serious crime after breaking into her ex-boyfriend’s house and threatening him with a machete. According to the report, the woman approached him holding the large knife, ordered him to take off his clothes and lay down on the bed. She proceeded to have sex with him while holding the knife. After the sex, she stayed at the home and began to argue with her ex. She began to destroy things around the house and even purposely urinated on the bed.  The ex was eventually able to call 911 and the woman was arrested.

Douglas County Rape Attorney: Definition of Sexual Assault with a Deadly Weapon

The Douglas County, Colorado law definition of forcible Sexual Assault – C.R.S. 18-3-402(1)(a) – is:

“

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

(a)  The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will;”

It’s safe to say that brandishing a weapon would be considered causing submission by means of sufficient consequence. It would be argued that the woman used the machete to cause the man to comply with her demands, and he felt threatened to comply.

Sentence for Sexual Assault with a Deadly Weapon in Highlands Ranch and Parker

Sexual Assault can be charged as a class 1 misdemeanor, class 4 felony, class 3 felony, or class 2 felony depending on the factors involved. For the case above, the woman would be facing the most serious class 2 felony Sex Assault if this had occurred in Castle Rock, Highlands Ranch, or Parker. When a person is armed with a deadly weapon, like a machete, the most serious felony level is charged. In this case, she would also be facing the Domestic Violence sentence enhancer for committing the crime against someone with whom she had been in an intimate relationship.

If you or someone you love has been charged with, arrested for, or accused of Sexual Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 303-265-1950 immediately to schedule a free consultation or set up a jail visit. Together, we can protect your future.

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