Being accused of a sex crime is devastating, even if you’re not guilty. The Colorado legal system has to investigate sex crime accusations, and if you find yourself on the receiving end of one, you’ll need to know about potential defenses according to a Colorado sex crimes defense lawyer.
Expressed or Implied Consent
Presenting evidence that expresses or implies consent is one of the best defenses according to Colorado sex crime laws. If a criminal defense attorney in Colorado is able to provide a legitimate piece of information that signifies the accuser’s willingness to participate in the alleged sex act, the likelihood that the crime occurred has doubt cast upon it.
For example, if the accused (or another party) has text messages from the accuser that express their consent, it can serve as evidence that can be used as a defense.
Statute of Limitations
Depending on whether the crime is a misdemeanor or felony, there is a specific length of time in which the case needs to be brought to the court’s attention. In felony cases involving adults, the statute of limitations is 10 years, and for misdemeanors, it’s five years. However, this can depend based on the actual crime charged and thus, consulting with a lawyer is best to see if there is a Statute of Limitations for the particular sex crime charged. If the Statute of Limitations has passed for the type of crime a person is charged with, then the District Attorney cannot bring charges against that individual.
Intoxication
Voluntary or involuntary intoxication can be used as a defense in some cases. In most sex crime cases, voluntary intoxication is very limited in its applicability as a defense, but involuntary intoxication can be effective. If the accused was given an intoxicating substance without his or her consent and it eliminated his or her capacity to determine right from wrong, this defense can be used.
Mental Incapacity
If the accused suffers from a condition that greatly limits his or her mental capacity to where they truly don’t know right from wrong, their condition may be used as a defense. The insanity defense also falls under this category. This defense does not cover moral obliquity or depravity.
False Accusation
If the accused does not know the accuser and claims to have never met him or her, the defense can claim that the act didn’t occur in the first place. If evidence strongly suggests that the defendant never interacted with the victim, a sex offense lawyer might be able to use this defense, as the accusation has limited to no foundation.
Should you need legal representation during what’s going to be a very difficult time, reach out to the COLaw Team. Our Colorado lawyer team is experienced and highly knowledgeable when it comes to defending sex crimes cases.
