Sexual violence is a prevalent issue today. On average, an American is sexually assaulted every 73 seconds. As a civilized society, we must take sexual assault seriously as it is a crime that affects men, women, and children.
Sexual assault, compared to other forms of sexual violence, is treated differently by the law, which means there is a corresponding criminal justice process to it as well as strict bail bond terms. In Colorado, sexual assault is considered a felony and could send someone in prison if proven guilty. On top of that, a person charged with sexual assault will be registered as a sex offender, even if there was no force involved.
If you are arrested for a sexual assault charge in Colorado, you must fully understand the outcome as well as the process involved. For one, you may need to contact a colorado bail bondsman to help you secure bail bonds in Colorado to get you out of jail as soon as possible. Securing colorado bail bonds as soon as possible allows you to prepare and educate yourself about the case.
What constitutes a sexual assault in Colorado?
Under the Colorado Revised Statutes Title 18 Section 3, anyone is guilty of sexual assault if the act involves the following:
- It is against the victim’s will.
- The victim is incapacitated of what they’re doing or is not aware of what is happening.
- The victim submits because they may have mistaken the defendant as their spouse.
- The victim submits because they are in the custody of someone with disciplinary authority such as hospitals, law enforcement, or any other institution.
- The sexual act was committed under the guise of an examination or a medical service.
- The victim is unable to consent and is physically helpless.
One can be charged with sexual assault, as defined under the Colorado Revised Statutes 12-3.
What are the different sexual assault charges and penalties?
There are four defined charges for sexual assault in Colorado.
Class 2 felony
This charge is given if the victim is:
- The victim suffers serious physical or bodily injury
- The defendant was aided by more than one person to commit the crime
- The defendant used a deadly weapon
Under Colorado laws, a class 2 felony means 8 to 20 years in prison, five years of mandatory parole, and fines ranging from $5000 to $1 million.
Class 3 felony
This charge is given if:
- The victim was found to be physically disabled or wholly helpless and didn’t consent.
- The defendant resorted to violence or used physical force.
- The defendant threatened the victim by inflicting extreme pain, serious physical injury, death threats, kidnapping, among others.
- A drug was used to impair the victim’s mental capacity.
Penalties for a Class 3 felony include 4-16 years in jail, mandatory parole for five years, and fines ranging from $3000 to $750,000.
Class 4 felony
Generally, this charge applies to any of the acts mentioned above but does not fall under the classifications above. Defendants charged with a Class 4 Felony could face two to eight years in prison, mandatory parole for three years, and fines ranging from $2000 to $500,000.
Class 1 Misdemeanor
This charge is given if the victim’s age is between 15 and 17, and the alleged perpetrator is ten years older or more. If convicted, it means 6 to 18 months in prison with a fine that ranges between $500 to $5000.
How does bail work for sexual assault cases?
For a sexual assault crime, the accused will have to remain in jail for a bail hearing. The judge will consider all the basic facts of the case, as well as the history of the defendant, to determine if the accused qualifies for bail and what the bail amount is. Defendants who are charged with a felony will most likely pay a higher bail amount than those charged with a misdemeanor sexual assault.
If the accused is eligible for colorado bail bonds, he or she will be released under certain conditions. This may include:
- Regular monitoring from law enforcement to protect potential victims
- The accused must not attempt to contact the person accusing them of the crime
- Travel restriction
- Regular court appearance
Violating the conditions set by the court can result in the revocation of the bail bonds Colorado service.
Can you be denied bail for sexual assault?
As with any other cases, the judge will have the final say if the accused is eligible for bail. In most cases, people accused of sexual assault in Colorado can post bail. However, anyone can be denied bail for a sexual assault case if the court finds significant and compelling evidence against the defendant.
For example, if the court finds that there was also stalking or domestic violence involved, the accused can be denied bail. Under Colorado law, stalking is both a felony and considered an extraordinary risk crime. Instead of being granted bail, the accused will have to remain in jail until they are sentenced.
What can you do?
Defendants of sexual assault charges are presumed innocent until proven guilty of the crime. Sadly, many innocent people end up sitting in jail and unable to explain their side. If you, a friend, or someone from the family is facing sexual assault accusations, seek legal help immediately. This way, your lawyer can argue in favor of your release from jail on bail. If you are eligible for bail, immediately call a Colorado bail bondsman so you can fight your case from the outside.
For more information about bail bond for sexual assault cases in Denver and neighboring areas in Colorado, ask the experts! Get help from Lucero’s Bail Bonds. Call us at 303-573-5555.