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Denver Sexual Assault Defense

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Denver Sexual Assault Defense

A SEX ASSAULT CHARGE IS ONE OF THE MOST SERIOUS CRIMES IN THE STATE OF COLORADO. DID YOU KNOW THAT MOST SEX ASSAULT CHARGES CARRY A LIFE SENTENCE?

If you are charged with a sex crime in Colorado we can help. Colorado has over 45 separate and distinct sex offenses. Attorney Peter Albani has dedicated his entire legal career to defending clients accused of sex offenses in Colorado. For more than 30 years, Mr. Albani has successfully defended hundreds of sex offense cases. Mr. Albani defends against all Felony Sex Offense charges and all Misdemeanor Sex Offense charges.  Mr. Albani represents all adults and juveniles.

A Sex Assault charge is very serious. Most Colorado Sex Assault crimes carry a life sentence to be served in the Colorado Department of Corrections. Parole is a remote possibility. When probation is an option, the client can face lifetime probation. Other penalties include sex offender treatment and counseling and sex offense registration. Your defense attorney will have to thoroughly understand the criminal laws pertaining to sex assaults including the child hearsay statute, the rape shield law, the prior bad acts law, the Colorado Sex Offense Management Board Guidelines, and the Lifetime Sentencing of Sex Offender’s statute.

PETER ALBANI IS A PREMIER CRIMINAL DEFENSE LAWYER DEFENDING COLORADO SEX ASSAULT CASES.

Mr. Albani is considered one of the premier criminal defense attorneys in Colorado on sex assault cases. While some attorneys and law firms dabble in sex assault defense, we do not. Mr. Albani advocates for the client. He is unapologetic in that role. Approximately 80% of Attorney Albani’s criminal defense practice is dedicated to the defense of sex crimes and offense.

WHAT ARE THE MOST COMMON SEX OFFENSE CHARGES IN COLORADO?

Mr. Albani routinely is called upon to defend clients charged with the following sex crimes.

  • Sex Assault
  • Sex Assault on a Child
  • Sex Assault on a Child by One in a Position of Trust
  • Sex Assault on a Child – Pattern of Abuse
  • Rape
  • Incest
  • Aggravated Incest
  • Possession of Pornography
  • Sexual Exploitation of Children
  • Unlawful Sexual Contact
  • Sexual Assault by a teacher or other professional

Albani Law, LLC handles all sex offense cases and crimes. Mr. Albani has a statewide practice. He routinely defends sex assault charges in Denver, Arapahoe County, Douglas County, Jefferson County, Adams County. Broomfield County, Boulder, County, El Paso County, and Elbert County. Mr. Albani knows the Court systems and the prosecutors. Mr. Albani knows the ins and outs of sex assault defense.

If you are charged with a sex offense crime, you need an attorney who can immediately begin working to defend your case. At Albani Law LLC, Mr. Albani has worked with investigators and experts who are as committed as he is to defending sex offenses.  If you want this level of representation and commitment, then call (303) 753-0900 and ask to speak with Peter Albani, Attorney. We can start helping immediately.

Please Call Us Today For A Free Consultation

When It Comes To Your Future, You Can’t Leave Things To Chance.

— (303) 753-0900 —

Why You Need A Lawyer For Sexual Assault Charges

You need to hire an attorney for your sexual assault charges, period. There is no avoiding it. Whether or not you were wrongfully accused, an experienced criminal defense lawyer will make a big difference in the outcome of your case. Many people facing sexual assault charges make critical errors leading up to their trial – or to the hiring of an attorney – that can dramatically hinder their defense.

If you need to know why you need a lawyer for sexual assault charges, consider these common mistakes:

Do not discuss your case or pending charges with family and friends

Many people facing serious charges of this nature are tempted to confide in friends and family. It’s not uncommon to want empathy, comfort, or understanding when you find yourself in this sort of scenario. However, telling your side of the story can muddle the facts of the case and make things much less clear to both you and those you confide in. If the case goes to trial, those you discussed this with could be called as a witness against you.

Don’t hire just any lawyer

Sex crime penal codes are very specific and complicated. This is not a case for a lawyer who has only simply dabbled in this sort of defense. Choose a lawyer with a track record for sexual assault cases; one who is familiar with the laws.

Don’t be afraid to ask for a referral

If you have a lawyer who you frequent for either family or business law, consult them for a referral. Do not divulge the specifics of your situation to them, but simply ask if they know anyone who specializes. This will be much more effective and reliable than searching the internet.

Evaluate your lawyer

Despite the situation, this is a job interview – or should be at the onset. You want an attorney who has real experience and this can be obtained by finding someone who was either an Assistant District Attorney (ADA) or the District Attorney (DA) for the county in which you are charged. This is of particular importance because you want to ensure them having a standing report with any judge who may try your case.

Schedule a consultation first

This is easy. Don’t hire anyone without interviewing them first.

Go with your gut

Hire the one you trust and feel the most strongly about. Consider their confidence, inherent knowledge of the nature of the crime at hand, this means, can they answer your questions off-hand or do they need to consult their paralegal? What has been their track record for the last year? All of these are important considerations.

Do not get emotionally involved with your legal counsel

In the end they have a job to do, defend you. This does not make them your friend. They are a skilled negotiator that you have hired to negotiate on your behalf. While it is in your best interest to divulge to them the truth, and all the facts pertinent to your case – they are only there to do their best with the tools they have.

Definition of a Sex Crime

A sex crime may be considered any crime involving sexual assault or as having a sexual motive. “sex crime” is a large umbrella for a variety of crimes that include rape, molestation, child molestation, lewd conduct, possession and distribution of child pornography, possession and distribution of obscene material, prostitution, and indecent exposure – although this does not encompass all the crimes under the umbrella.

There are nearly three quarters of a million register sex offenders living in the United States (as of 2013) with approximately one third of those still incarcerated or living under some type of supervision. While Denver is not a part of the list of States with the highest number of offenders, it is also not on the list of the lowest.

A sex crime is a sex crime, and it can be committed by anyone. Twenty-five per cent of sexual assaults in 2010 were carried out at the hands of strangers, with a staggering 48% being performed by a friend or acquaintances of the victim. The final 17% were reported to be perpetrated by intimate partners – including spouses, boyfriends and ex-partners. On average, only 35% of sexual assaults are officially reported to the authorities, and these figures only pertain to female victims.

Overall the statistics on this subject are quite shocking. Where rape is concerned, approximately 1 in 5 women (22 million) have reported being raped in their lifetime, with 1 in 72 men (1.6 million) reporting the same. Of all the crimes in existence, sex crimes remain the most under-reported crime. This greatly influences the statistical information available, but is attributed to the stigma that surrounds victims of sexual assault – and sex crimes in general.

Laws pertaining to sex crimes are intended to protect one or all participants in an act – or are used to proscribe a morally or socially unacceptable or obscene activity. For example, these laws can address situations where one sexual partner is aware of a sexually communicable disease/virus and it is there moral and legal responsibility to protect the other sexual partner(s) from contracting the ailment.

Laws vary state-by-state, country-by-country and so it is common to see discrepancies in areas such as the definition of a minor, where a person is considered to be of the age-of-consent. This area can become quite murky, morally speaking, when the age of participants remains undisclosed or the age of one or more of the participants is lied about. This can lead to statutory rape, or, sex with a consenting minor.

Sex crimes are one of the most pervasive crimes out there. The fear and trauma suffered by the victims often leaves the reporting of the crime neglected, and therefore the apprehension of perpetrators impossible.

At Albani Law we understand there can be a great deal of confusion, fear, stigma and other factors about sex crimes. If you have been charged with or accused of a sex crime, contact us today.

– See more at: http://peteralbanilaw.com/denver-sexual-assault-defense/definition-of-a-sex-crime/#sthash.CAEmVYsO.dpuf

Common Sex Assault Questions

Sexual assaults evoke a variety of questions, both from victims and those afraid of becoming a victim. Here are some of the most common questions asked, pertaining to sexual assault.

1. Am I provoking a sexual assault by dressing ‘sexy’?

Although this is often a reason given by an offender, the truth is that sexual assaults occur to both males and females. Sexual assault does not discriminate based on profession and has affected everyone from children, to students, teachers, professionals and even law enforcement officers. Dressing a particular way does not mean you want to be assaulted, nor does it imply permission to do so.

2. Is it easy to identify a sexual offender?

No. A sexual offender can be anyone from any walk of life. Although being familiar with sexual offenders living in your vicinity is one precaution you could take, only those who have been caught and convicted are registered. There are many sex offenders out there who have never been caught, and therefore never identified.

3. If I, or both parties involved were intoxicated at the time of the assault, does this make me partially responsible?

No. The victim of a sexual assault is never responsible for the attack. Although alcohol may increase the chances of an assault and prevent a person from both giving consent or defending themselves, it is not the reason why the attack occurred.

4. If I used to date, or was previously intimate with the person who assaulted me, does this mean it is not rape?

If the sex was nonconsensual, then it is rape. It does not matter if the person in question is your boyfriend, girlfriend, ex or spouse – if you do not want to participate in the act and are forced to, it is sexual assault.

5. Can a male be the victim of rape?

Yes. Anyone can be victimized by rape. In fact, in the year 2000, 5.6% of all rape victims were male.

6. Is it common for women to falsely claim rape?

No. Rape is one of the most underreported crimes in the country, with approximately only 1 in every 10 incidences being reported.

7. If I choose not to fight back against my assailant, is it still considered rape?

Yes. Many people fear that the person committing the sexual assault – which is often violent in nature – is capable of even more extreme violence. Many victims choose not to fight back out of fear that the situation will turn fatal. It has also been reported that the shock and terror of the situation can rendered a victim ‘frozen’ and incapable of defending themselves. Whether or not a victim fights back, it is still considered rape.

8. I didn’t know my sexual-partner was a minor but the sex was consensual, am I in trouble?

Yes. Ignorance in this case is not bliss. Consensual sex with a minor is considered statutory rape. Because a minor is deemed legally incapable of providing consent (they are under the age of consent), the sexual activities that took place were not legally-speaking, consensual. In Colorado, this can carry a penalty of anywhere from one to six years depending on the circumstances.

False Allegations of Sexual Assault

Based on university research, it has been suggested that of all sexual assault cases reported, anywhere from 2% – 10% are considered false accusations. Many of those participating in the discourse on the subject would argue that the number of false allegations of sexual assault is in fact much closer to 2% than 10%.

The problem with determining whether or not false allegations of sexual assault exist, in any given case, is that it is 100% dependent on the motivations of the complainant. In order for the allegations to be falsified, the complainant must deliberately be trying to deceive authorities. The hardest part of this is determining what would motivate the complainant to lie. Sometimes it can be as simple as interviewing the complainant and finding a statement filled with lies or inconsistencies, but it’s rarely that simple. There are, however, cases where a complainant is not trying to deceive the authorities but their allegations are baseless.

Although most authorities would agree that false allegations of sexual assault are rare, they would identify some factors that could play into false accusations. Some reasons a person may falsely accuse another of sexual assault include mental or psychological disorders, they feel the allegation will afford them protection from a person (such as a violent husband/father), or their intent is entirely malicious.

Unofficially, it is not hard to believe that false allegations of sexual assault are common. People may fling around these accusations in social settings as a means of revenge for perceived slights, or as a way to discredit a person they dislike or view as competition. While these accusations may not be the same as filing false charges against a person, they still have a similarly serious impact. Falsely accusing someone of committing a sexual offense can alter their life forever. Even if an accusation is proven false, the nature of the crime carries such a stigma that the accused may never get passed it as far as their social life goes. At the same time, making these accusations publicly, though unofficially, can lead to official action. If a parent or a well-intentioned friend hears of the allegation, they could report it to the authorities on your behalf. In this way, a lie can quickly become a damaging investigation for all parties involved.

Sexual assault and rape is a very serious matter. It is a crime that affects hundreds of thousands of American men and women every year – most of whom do not report it. Filing intentionally false allegations of sexual assault is disrespectful to those who have faced it in reality, and is a good way to discredit yourself permanently. Filing false charges now may make you unreliable in the future if you ever do experience a sexual assault.

Sexual assault can be a very difficult issue for some to discuss, but if you have been accused, it is best to seek help immediately. The sooner a trained, legal professional is on your side, the better your chances for a desirable outcome. Contact Albani Law if you have been falsely accused of sexual assault. We are here to help you through this difficult time.

Registering as a Sex Offender

All sex offender are required to register with the Sex Offender Database and keep authorities updated in regards to their living situation. Registering as a sex offender means that the public is made aware of your presence so that they may better protect themselves and their children. It is important to note that most Sex Offender Registry Acts (there are a few that have been initiated over the last few decades) are not retroactive. This means that any sex offender who completed their sentence before the Acts came into being are not required by law to register under them.

Sex offenders on parole or probation face the same restrictions as any other parolee. The difference is that registering as a sex offender will often mean that after parole or probation is completed, there will still be restrictions to adhere by. Under these circumstances some restrictions may include where you are permitted to live. Registered sex offenders are typically prohibited from taking up residence anywhere near a common place for families to gather – this includes schools, parks and churches. There may also be restrictions on firearms, voting and air travel within the United States, depending on the State.

Registering as a sex offender can have a major effect on your life after you complete your sentencing. Depending on your State’s laws, it may be impossible to find housing (as is the case in Florida) and your family, or extended family, can face hardships as well. Families of registered sex offenders are often targets for harassment and prejudicial treatment when it comes to housing, even if they are no longer associated with the sex offender.

Sometimes registering as a sex offender does not mean a life sentence in the database. Although it will depend on your initial sentencing, offenders may be either required to register for life (being removed from the database upon death), or registered either until their probation is completed, or until a period of ten years has passed since the offender began probation.

There have been reported cases where registering as a sex offender has led to the death of the sex offender after they integrate back into society. Many sex offenders pose an ongoing threat, making it difficult for the public when a sex offender moves into a neighborhood. It is the public’s right to be informed of any sexual predator living within their vicinity, but oftentimes this notification can make an offenders public life very difficult.

Sex crimes are of such a nature that despite serving the time required and paying their debt to society officially, scrutiny, punishment and isolation are often unofficially enforced (by the public) for the remainder of one’s life. Committing a sex crime is a heinous act that goes far beyond the crime itself. Because registering as a sex offender is now the law, crimes such as these tend to change one’s entire life.

If you have been charged with a sex crime, contact Albani Law. We have experience in these cases and may have information and strategies that can greatly assist you.

Sexual Exploitation of a Child

Exploitation is the use of someone or something in an unjust or cruel manner. When referring to the sexual exploitation of a child, this largely refers to the creation, possession, distribution or coercion of a child to participate in sexually explicit situations (or materials).

There are some pretty startling statistics regarding the sexual exploitation of a child, both inside the United States and elsewhere. One of the more troubling figures is that 25% of ‘sex tourists’ or those who travel abroad to exploit children, are from the United States and Canada. There are, however, large amounts of minors in hubs such as Los Angeles and New York, participating in ‘survival sex,’ either by force or by lack of choice. Survival sex refers to those who trade sex for necessities such as housing, currency and food.

In Colorado there is no statute of limitations for a sexual offense committed against a child under the age of 15 years old. There are many ways to commit sexual exploitation of a child – it is not as simple as just pornography or rape. The internet has opened up a whole new forum for which sexual exploitation can occur. Internet sexual exploitation of a child involves a person, who is at least four years older than a child who is less than fifteen years of age, knowingly engaging in sexual conduct with a child over the internet.

But it is important to recognize that any form of modern slavery, prostitution, pornography, sexual coercion, human trafficking or like, involving a child – particularly where there is a financial gain – is considered sexual exploitation of a child.

When an adult profits from sex with a child, that is human trafficking, period, said Maryland U.S. Attorney Rod J. Rosenstein. Children cannot consent to have sex for money, and any adult who encourages or profits from sexual exploitation of children faces a lengthy term in federal prison.

 

In this case, lengthy is not an understatement. Convictions of possession, creation or intent to distribute child pornography can carry with them sentences of life imprisonment. While those who commit sexual exploitation of a child may vary in where they come from and what they do for a living, there seem to be more and more cases involving people who are inherently close to children. Authority figures such as teachers, religious leaders, school bus drivers and those pretending to be a child online, are becoming more frequent.

There have been some major breaks in sexual exploitation of a child cases across North America. In some cases the charged were part of a larger group of individuals, spread out across the country, making use of the internet to coordinate the sharing or making of sexually explicit materials involving children.

Yet this is also an area that is easy to exploit for adults seeking vengeance for feuds or custody arrangements. Being accused of sexually exploiting a child can devastate the life of those that are actually innocent. These are serious charges with very serious consequences. If you have been accused of sexual exploitation, seek help immediately. Contact Albani law. We have experience in these cases and we are ready, willing, and able to help.

Sexual Assault Plea Bargain

In general, pleas bargains are a very common method of adjudication, with approximately 90% of cases resulting in a plea. Sexual assault plea bargains are becoming more common due to a victim’s reluctance to take the stand in front of a jury. What this translates to is that many sexual assault crimes are being plead down to non-sexual offences.

The principal benefit for a defendant to accept a plea bargain is the fact that their sentence will likely be lighter than that found in a courtroom. One of the major contributing factors to why sexual assault plea bargains are becoming so popular, is because the criminal court system in many places is just too busy. Every criminal case can take days to months to reach completion, and there is a lot of pressure to move cases through the system and eliminate the backlog.

Sexual assault plea bargains work in favor of the defendant, but they do not mean that justice will not be administered. However, the benefits of a plea bargain can be endless. Being charged with a felony means that you can’t own a firearm, you may lose certain professional certifications or licenses and if you ever commit a second offence, the first felony offence will only work against you.

A sexual assault plea bargain will often lead to release much sooner than a trial will. A defendant will be held in custody for the duration of a trial but if a plea is reached, the defendant can often be released immediately (depending on the plea bargain terms).

As far as judges and prosecutors are concerned, a sexual assault plea bargain can solve many problems. If the nature of the case means that the defendant would not serve much jail time, even if convicted by a jury, they may recommend pursuing a plea. The reason for this is that jails are overcrowded to the point where people already serving out sentences are looking at early release due to new felony offenders coming into the system each day. There just isn’t space for everyone.

If a sexual assault plea bargain can be reached, it puts less strain on the already overwhelmed prison system, especially in cases where the time served would be insignificant (relatively speaking). As recidivism becomes an issue for these crimes, the charges become more severe and the chances of being able to obtain a plea bargain decline. Second and third time offenders prove themselves to be an ongoing threat to society, making it much more likely for them to face a trial.

Only 32 – 44 percent of rape cases make it through to prosecution. While these percentages are largely dependent on a number of factors, it’s not something you want to stake your life against. If you are offered a sexual assault plea bargain, it is in your best interest to consider the bargain offered and discuss it carefully with your sexual assault attorney.

The Colorado Sex Offender Management Board (SOMB)

In 1992, the Colorado General Assembly passed legislation that created a Sex Offender Management Board (SOMB) in the Division of Criminal Justice. The SOMB was charged to develop standards and guidelines for the evaluation, treatment, and behavioral monitoring of sex offenders. Currently, the SOMB consists of personnel representing the following domains: the Department of Corrections, the judicial department, law enforcement, the Public Defender’s office, private criminal defense attorneys, rural and urban county commissioners, clinical polygraph examiners, the Department of Public Safety, district attorneys, Department of Human Services, licensed mental health professionals with expertise in treating sex offenders, the victim services community, and community corrections.

The Sex Offender Management Board is focused on developing a foundation for systematic management and treatment of adult and juvenile sex offenders. The initial Standards and Guidelines were created in 1996, with the primary goal being to improve community safety, and protect citizens. The Standards were revised in 2008 and are based on the most modern practices currently known for managing and treating sex offenders.

In 1999, a revision was made to include Lifetime Supervision Criteria, and Standards for Community Entities that Provide Supervision and Treatment for Adult Sex Offenders Who Have Developmental Disabilities. In 2002, The Standards and Guidelines for the Evaluation, Assessment, Treatment and Supervision of Juveniles Who Have Committed Sexual Offenses were published. The Juvenile Standards are focus on the rehabilitation.

The SOMB is responsible for standardizing practices of identification and evaluation of juvenile offenders, and is also at the heart of the protocols followed when notifying a community of a dangerous sexual predator in the area. Both of these protocols and practices are centered on community safety, above all else.

The Board is also responsible for determining the progression of rehabilitation of an offender. The established criteria assists in deciding if a detainee is suitable for parole, probation or able to move from probation back into regular society. The criteria focuses on risk assessment and whether a subject will pose any undue risk on a community.

The Sex Offender Management Board has a massive responsibility to society and regulates a very particular subset of criminals. They are tasked with the difficult, and sometimes impossible job, of rehabilitating a sex offender. They deal with all types of sex offenders, from juvenile to disabled, which makes their job all the more difficult. Their governing regulations are specific to each one of these special groups, attributing a different set of guidelines for treatment, rehabilitation and assessment, to each group.

Sex Offense Defense

A SEX ASSAULT CHARGE IS ONE OF THE MOST SERIOUS CRIMES IN THE STATE OF COLORADO. DID YOU KNOW THAT MOST SEX ASSAULT CHARGES CARRY A LIFE SENTENCE?

If you are charged with a sex crime in Colorado we can help. Colorado has over 45 separate and distinct sex offenses. Attorney Peter Albani has dedicated his entire legal career to defending clients accused of sex offenses in Colorado. For more than 30 years, Mr. Albani has successfully defended hundreds of sex offense cases. Mr. Albani defends against all Felony Sex Offense charges and all Misdemeanor Sex Offense charges. Mr. Albani represents all adults and juveniles.

A Sex Assault charge is very serious. Most Colorado Sex Assault crimes carry a life sentence to be served in the Colorado Department of Corrections. Parole is a remote possibility. When probation is an option, the client can face lifetime probation. Other penalties include sex offender treatment and counseling and sex offense registration. Your defense attorney will have to thoroughly understand the criminal laws pertaining to sex assaults including the child hearsay statute, the rape shield law, the prior bad acts law, the Colorado Sex Offense Management Board Guidelines, and the Lifetime Sentencing of Sex Offender’s statute.

PETER ALBANI IS A PREMIER CRIMINAL DEFENSE LAWYER DEFENDING COLORADO SEX ASSAULT CASES.

Mr. Albani is considered one of the premier criminal defense attorneys in Colorado on sex assault cases. While some attorneys and law firms dabble in sex assault defense, we do not. Mr. Albani advocates for the client. He is unapologetic in that role. Approximately 80% of Attorney Albani’s criminal defense practice is dedicated to the defense of sex crimes and offense.

WHAT ARE THE MOST COMMON SEX OFFENSE CHARGES IN COLORADO?

Mr. Albani routinely is called upon to defend clients charged with the following sex crimes.

    • Sex Assault
    • Sex Assault on a Child
    • Sex Assault on a Child by One in a Position of Trust
    • Sex Assault on a Child – Pattern of Abuse
    • Rape
    • Incest
    • Aggravated Incest
    • Possession of Pornography
    • Sexual Exploitation of Children
    • Unlawful Sexual Contact
    • Sexual Assault by a teacher or other professional

Albani Law, LLC handles all sex offense cases and crimes. Mr. Albani has a statewide practice. He routinely defends sex assault charges in Denver, Arapahoe County, Douglas County, Jefferson County, Adams County. Broomfield County, Boulder, County, El Paso County, and Elbert County. Mr. Albani knows the Court systems and the prosecutors. Mr. Albani knows the ins and outs of sex assault defense.

If you are charged with a sex offense crime, you need an attorney who can immediately begin working to defend your case. At Albani Law LLC, Mr. Albani has worked with investigators and experts who are as committed as he is to defending sex offenses. If you want this level of representation and commitment, then call (303) 753-0900 and ask to speak with Peter Albani, Attorney. We can start helping immediately.

What is Sex Assault

In Colorado, the majority of sex offenses including the charge of sexual assault are found in the Colorado Revised Statutes, Title 18, Article 3 – Offenses against the Person, Subsection 4 – Unlawful Sexual Behavior. In Colorado, a sex assault can take many forms. The most common forms are discussed below. If you are charged with Sexual Assault, you will want an experienced and knowledgeable criminal defense attorney. Don’t wait. Call Peter Albani at (303) 753-0900 to discuss your case.

SEXUAL ASSAULT AGAINST A VICTIM’S WILL:

Under CRS § 18-3-402, any actor, who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will, or
The actor knows that the victim is incapable of appraising the nature of the victim’s conduct.

SEXUAL ASSAULT BASED UPON AGE DIFFERENCES:

Under CRS 18-3-402, there are age differences between a victim and a defendant that can also be the basis for a charge of sexual assault. These include;
If at the time of the commission of the act, the victim is less than 15 years of age and the actor is at least 4 years older than the victim and is not the spouse of the victim, the act is considered a sex assault. Also,
If at the time of the commission of the act, the victim is at least fifteen years of age, but is less than eighteen years of age and the actor is at least 10 years older than the victim and is not the spouse of the victim, the act is considered a sex assault.

POTENTIAL SENTENCES:

Sexual Assault is Class 4 felony in the State of Colorado. Unless the Court finds that an exception is available, Sexual Assault carries a life sentence to the Colorado Department of Corrections. There is an exception and Probation is authorized if the defendant submits to a sex offense evaluation and if the evaluator determines that the defendant is amendable to treatment and therapy. The probation is for 10 years to life. Other sentencing considerations apply.

SENTENCING ENHANCERS:

There a number of sentencing enhancers that if applicable serve to increase the severity of the sentence. The most common sentencing enhancer is the following.
If the actor causes submission of the victim through the application of physical force or physical violence.
Sexual Assault with the above sentencing enhancer is a Class 3 Felony. Unless the Court finds that an exception exists, this charge carries a life sentence. An exception here is rare. If the offender is amendable to treatment, and probation is authorized, the probation period is 20 years to life. Other sentencing considerations apply.

STANDARD DEFINTIONS:

Here are some of the standard definitions of words and phrases that apply in a criminal case in Colorado.
ACT – means a bodily movement, and includes words or possession of property. See CRS §18-1-501(1).
ACTOR – means the person accused of a sexual offense. See CRS §18-3-401(1).
SEXUAL INTRUSION – means any intrusion, however slight, by any object or any part of a person’s body, except the mouth, the tongue, or penis, into the genital or any opening of another person’s body if such act can be reasonably construed as being for the purposes of sexual arousal, gratification, or abuse. CRS §18-3-401 (5).
SEXUAL PENETRATION – means sexual intercourse, cunninglingus, fellatio, analingus, or anal intercourse. Emission need not be proved. Any penetration, no matter how slight, is sufficient to complete the crime. See CRS §18-3-401 (6).
CONDUCT – means an act or omission and its accompanying state of mind, or where relevant, a series of acts or omissions. See CRS §18-1-501 (2).
VOLUNTARY ACT – means an act performed consciously or as a result of effort or determination. See CRS §18-1-501 (9).
VOLUNTARY ACT-CULPABLE MENTAL STATE – In Colorado a crime is committed when the actor performs a voluntary act (which is criminal in nature) accompanied by a culpable mental state. The most common culpable mental state is “knowingly”.
KNOWINGLY A person acts knowingly or willfully with respect to his conduct or a circumstance described by a statute defining an offense when he is aware that his conduct is of such a nature or that such circumstance exists. A person acts knowingly or willfully with respect to his conduct when his aware that his conduct is practically certain to cause a result. See CRS §18-1-506 (6). Almost all sex offenses in Colorado have a culpable mental state of knowingly.
FELONIOUSLY – means the criminal act is classified as a felony and is punishable by a prison sentence. A prison sentence carries a mandatory period of parole.
UNLAWFULLY – a person acts unlawfully if his conduct is a violation of the Colorado criminal law.

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When It Comes To Your Future, You Can’t Leave Things To Chance.

Sex Offense Evaluations

If you are charged with a felony sex assault in Colorado, and you want to consider a plea bargain in your case, you will be asked to submit to a sex offense evaluation. In order to obtain a plea bargain of a sex assault case, you must submit to a sex offense evaluation. In to seek a plea bargain in Colorado, a Client must submit to a sex offense evaluation and the final report must be provided to the District Attorney and the Court. If the Client refuses to submit to a sex offense evaluation or refuses to turn over the final report, then a plea offer should not be made.

1.What is a sex offense evaluation?

A sex offense specific evaluation is a diagnostic tool developed by the Colorado Sex Offense Management Board. The evaluation is designed to determine a sex offender’s risk to re-offend or to commit a future sex offense.
The evaluation is designed specifically to determine three levels of risk. These three levels are (1) low risk to re-offend, (2) medium risk to re-offend and (3) high risk to re-offend.
If an offender is a high risk to re-offend, then under the SOMB Guidelines the offender cannot remain in the community and cannot partake in sex offense treatment and therapy.
If the offender is low to medium risk, then sex offense treatment and therapy may be allowed.

2.Can a client pass a sex offense evaluation?

No. A sex offense specific evaluation is not designed to be passed. A sex offense evaluation is not a polygraph test that can (at times) be passed. Again, a sex offense evaluation is a diagnostic tool to determine levels of risk to re-offend, and if the Client is a proper candidate for sex offense treatment and therapy.
To obtain the best result, a Client must be willing to honestly and fully admit the facts underlying the sex offense. If a Client admits the underlying facts and accepts responsibility, he is likely to be amendable to treatment.

3.How long does it take to complete a sex offense evaluation?

It can take upwards of four to five hours and even more to complete a sex offense evaluation.

4.What steps are involved in a sex offense evaluation?

We cannot say what specific steps will occur during a sex offense evaluation. In our experience, we can say that the following three steps will likely take place.
A…The client will take a Minnesota Multi-Phase Personality Inventory Test. This test contains hundreds of questions about your likes and dislikes. It is a standard personality test. It takes quite a bit of time to complete.
B…The client will submit to a photo array. The client sits at a computer screen and presses a hand-held devise indicating his like or dislike of the subjects in the photos. These photos are of men, women and even children. Some of the photos may be pornographic. Some may be disturbing. The length of time a client spends on each photo is measured. The photo array claims to be able to indicate if someone is sexually deviant and has a propensity to re-offend.
C…The client may be interviewed about the offense by the evaluator. Prior to the evaluation, the evaluator will ask the client’s attorneys to provide a copy of the charging document and the discovery including the police and offense reports and named victim’s statement. Therefore the evaluator has an understanding as to the underlying facts and circumstances. Please note, the Client should be prepared to discuss other uncharged conduct.

5.How should the Client respond during the interview?

In order to do the best you can on a sex offense evaluation, a client needs to be very open and honest about the underlying act or acts. If the client is not willing to be open and honest, then he should not submit to the evaluation.
Client needs to accept responsibility and say he was wrong.
Client cannot be defensive and cannot refuse to answer the inquiries honestly.
Client needs to admit the underlying act or acts. As much as possible a full and complete admission is the best type of admission.
If the evaluator believes that the Client is holding back and not being completely honest, the Client runs the risk of a negative evaluation.
Client should not deny the underlying act. A denial will be most problematic.
Client cannot blame the victim. The placing of blame will be most problematic.
Client cannot minimize his role and states that the victim was to blame or the victim initiated the sex and wanted the sex act to take place, this will be most problematic.
Client must be willing to volunteer relevant information. Full disclosure is the best policy.
Client should show appropriate remorse.
Client should understand that the named victim’s version of events will be accepted as the truth. Even if the named victim lied or told half-truths, the named victim’s version will be treated as the correct version. If the named victim says the act happened ten times, it will do not good for the Client to say it happened only once or twice.
The Client must show that he is a good candidate for sex offense therapy. Any of the following: lack of open discourse, lack of honesty, lack of full and open disclosure, failure to admit, denial, defensiveness, blaming the victim, minimizing the acts or events, failure to accept responsibility, failure to volunteer information, lack of remorse, are all very problematic.

6.Will the evaluator use a Polygraph during the sex offense evaluation?

No. In our experience an evaluator will not conduct a polygraph exam. While a polygraph is routinely used in sex offender treatment, we have never heard that a client was forced to submit to a polygraph exam during the evaluation.

7.How much does a sex offense evaluation cost?

Usually about $2500 – $3000. Each treatment agency can set its own price. The Client is responsible for paying the costs of the evaluation and the costs of treatment.

8.How will I know the results of my sex offense evaluation?

In about three to four weeks after the evaluation, the evaluator will prepare a written report. The report will be sent to your attorneys. By law, the report is sealed and cannot be provided to the Client. The last page of the report contains a list of recommendations. It also contains the level of risk presented by the Client during the evaluation. Your Attorneys can advise you as to the recommendation and the level of risk. But again, your Attorneys cannot provide you with a copy of the final evaluation and report, nor can we provide the report to a family member or friend or associate.

9.Can I get a copy of the final report?

No. As noted above, we are not allowed to provide a Client with a copy of the final report. The report is confidential.

10.Will my Attorneys share the report with anyone?

Yes, we will ask that you sign off on a waiver of your privilege and or write us that you waive your privilege so the final report can be shared.
A criminal defense attorney will want to provide a copy of the report to the District Attorney’s Office, to the Court, and possibly to Probation. Even if the report is given solely to the District Attorney, then the District Attorney will likely provide a copy to the judge and to the Probation Department.
If you do not intend that your attorney share the report and provide a copy as indicated above, then there is really no reason to submit to the sex offense evaluation. Please let your attorneys know.

11.Are there any other considerations or concerns?

Yes, there are always the possibilities that once the report is provided to the District Attorney’s Office that unintended consequences can arise. The report is provided for plea bargain purposes and is to be kept secret. Once the report leaves the confines of our office, we cannot guarantee that the report will be kept confidential or used solely for plea bargain purposes. That said, we have never had an instance or even heard of an instance when the report was not used properly by the District Attorney, the Court or the Probation Department. If the case could not be resolved and went to trial, there is a possibility that the Client, if he testifies at trial that he did nothing wrong, could be impeached by the admissions contained in the report.

What Is Sex Assault On A Child – Pattern Of Abuse?

In Colorado, the crime of SEX ASSAULT ON A CHILD is found at C.R.S. § 18-3-405.
If you are charged with Sexual Assault on a Child, you will want an experienced and knowledgeable criminal defense attorney. Don’t wait. Call ATTORNEY PETER ALBANI at (303) 753-0900 to discuss your case.

SEXUAL ASSAULT ON A CHILD:

Under CRS § 18-3-405, any actor, who knowingly subjects another person who is not his spouse to any sexual contact commits sexual assault on a child if the victim is less than 15 years of age and the actor is at least 4 years older than the victim at the time of the act.
SEXUAL CONTACT means the knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim. This includes the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if the touching is for the purposes of sexual arousal, gratification, or abuse.

WHAT IS A SEX ASSAULT ON A CHILD?

SEX ASSAULT ON A CHILD is a class 4 felony. The charge carries an indeterminate life sentence in the Colorado Department of Corrections. The charge as Class 4 Felony is however probation eligible if the offender completes a sex offense evaluation and is amendable to sex offense treatment and therapy.

SENTENCING ENHANCERS:

There are a 4 possible sentencing enhancers that may apply to dramatically increase the possible sentence. These enhancers would make the offense of SEXUAL ASSAULT ON A CHILD a Class 3 Felony. SEX ASSAULT ON A CHILD as a Class 3 felony is not probation eligible; rather, there is a mandatory life sentence. These 4 sentencing enhancers include:
1…The actor applies force against the victim, 1873 S Bellaire St, Denver, CO 80222
2…The actor threatens the victim with imminent death, or serious.
bodily injury, or extreme pain, or kidnapping,
3…The actor threatens the victim with retaliation and future threats,
4…The actor commits the offense as part of a pattern of abuse.

SEXUAL ASSAULT ON A CHILD – PATTERN OF ABUSE

The charge of SEXUAL ASSAULT ON A CHILD – PATTERN OF SEXUAL ABUSE means that the offender committed the underlying offense, SEX ASSAULT ON A CHILD and that the sentencing enhancer, PATTERN OF SEXUAL ABUSE is present. This is a Class 3 felony. It carries a mandatory life sentence to the Colorado Department of Corrections. It is not probation eligible.
PATTERN OF SEXUAL ABUSE or PATTERN OF ABUSE means that the offender engaged in two or more incidents of sexual contact involving the same child.

STANDARD DEFINTIONS:

Here are some of the standard definitions of words and phrases that apply in a criminal case in Colorado.
ACT – means a bodily movement, and includes words or possession of property. See CRS §18-1-501(1).
ACTOR – means the person accused of a sexual offense. See CRS §18-3-401(1).
VICTIM – means the person alleging to have been subjected to a criminal sexual assault. See C.R.S. §18-3-401(7).
CONDUCT – means an act or omission and its accompanying state of mind, or where relevant, a series of acts or omissions. See CRS §18-1-501 (2).
VOLUNTARY ACT – means an act performed consciously or as a result of effort or determination. See CRS §18-1-501 (9).
VOLUNTARY ACT – CULPABLE MENTAL STATE – In Colorado a crime is committed when the actor performs a voluntary act (which is criminal in nature) accompanied by a culpable mental state. The most common culpable mental state is “knowingly”.
KNOWINGLY – A person acts knowingly or willfully with respect to his conduct or a circumstance described by a statute defining an offense when he is aware that his conduct is of such a nature or that such circumstance exists. A person acts knowingly or willfully with respect to his conduct when his aware that his conduct is practically certain to cause a result. See CRS §18-1-506 (6). Almost all sex offenses in Colorado have a culpable mental state of knowingly. 1873 S Bellaire St, Denver, CO 80222
FELONIOUSLY – means the criminal act is classified as a felony and is punishable by a prison sentence. A prison sentence carries a mandatory period of parole.
UNLAWFULLY – a person acts unlawfully if his conduct is a violation of the Colorado criminal law.
SEX ASSAULT ON A CHILD is very serious charge. If you or loved one face this charge, call ATTORNEY PETER ALBANI at (303) 753-0900 to discuss your case. Don’t wait. This call may be the most important call you can make to protect your future.

What Is Sex Assault On A Child-Position Of Trust

In Colorado, the crime of SEX ASSAULT ON A CHILD BY ONE IN A POSTION OF TRUST is found at C.R.S. § 18-3-405.3. This is a very serious charge.

If you or a loved one or a fried are charged with Sexual Assault on a Child-Position of Trust you will want an experienced and knowledgeable criminal defense attorney. Don’t wait. Call ATTORNEY PETER ALBANI at (303) 753-0900 to discuss your case.

SEXUAL ASSAULT ON A CHILD-BY ONE IN A POSITION OF TRUST:

Under CRS § 18-3-405.3, any actor, who knowingly subjects another person who is not his spouse to any “sexual contact” commits sexual assault on a child by one in a position of trust if the victim is a child less than 18 years of age and the actor is in a “position of trust” with respect to the victim.

SEXUAL CONTACT means the knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim. This includes the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if the touching is for the purposes of sexual arousal,gratification, or abuse.

POSITION OF TRUST is extremely far reaching and includes but is not limited to any person who is a parent, who acts in the place of a parent, or who is charged with any of a parent’s rights, duties or responsibilities concerning a child.

POSITION OF TRUST also includes a guardian, or someone who is otherwise responsible for the general supervision of a child’s welfare.

POSITION OF TRUST also includes any person who is charged with any duty or responsibility for the health, education, welfare or supervision of a child.This includes foster care, child care, family care, or institutional care either independently or through another person, no matter how brief, at the time of the unlawful act.

Common examples of persons who occupy a Position of Trust in relation to a child are School Teachers, Educators, Child Care Workers, Clergy, Parents, Grand-Parents, Aunts, Uncles, Baby-Sitters, and Coaches.

SEX ASSAULT ON A CHILD

BY ONE IN A POSITION OF TRUST is a Class 4 felony if the Child is between the ages of 15 years old and 18 years old and the act occurs one time. The charge carries an indeterminate life sentence in the Colorado Department of Corrections. The charge as Class 4 Felony is however probation eligible if the offender completes a sex offense evaluation and is amendable to sex offense treatment and therapy.

SEX ASSAULT ON A CHILD

POSITION OF TRUST is a Class 3 felony if the Child is younger than 15 years of age, or, if the act is committed as part of a “pattern of abuse”. This charge carries an indeterminate life sentence in the Colorado Department of Corrections. This charge is not probation eligible.
Furthermore, as a class 3 felony, the Court must sentence the offender as required under the Colorado Crimes of Violence statute. This raises the low range from a minimum of 5 years in prison to 10 years in prison. Again, the maximum range is a life sentence in prison.
PAROLE: It is very rare that the Department of Corrections allows a sex offender parole. Sex offender parole in the rare circumstance where it is allowed, is for the remainder of the offender’s life.
PATTERN OF ABUSE means that the offender engaged in two or more incidents of sexual contact involving the same child.

STANDARD DEFINITIONS:

Here are some of the standard definitions of words and phrases that apply in a criminal case in Colorado.
ACT – means a bodily movement, and includes words or possession of property. See CRS §18-1-501(1).
ACTOR – means the person accused of a sexual offense. See CRS §18-3-401(1).
VICTIM – means the person alleging to have been subjected to a criminal sexual assault. See C.R.S. §18-3-401(7).
CONDUCT – means an act (or omission) and its accompanying state of mind, or where relevant, a series of acts (or omissions). See CRS §18-1-501 (2).
VOLUNTARY ACT – means an act performed consciously or as a result of effort or determination. See CRS §18-1-501 (9).
VOLUNTARY ACT – CULPABLE MENTAL STATE – In Colorado a crime is committed when the actor performs a voluntary act (which is criminal in nature) accompanied by a culpable mental state. The most common culpable mental state is “knowingly”.
KNOWINGLY – A person acts knowingly or willfully with respect to his conduct or a circumstance described by a statute defining an offense when he is aware that his conduct is of such a nature or that such circumstance exists. A person acts knowingly or willfully with respect to his conduct when his aware that his conduct is practically certain to cause a result. See CRS §18-1-506 (6). Almost all sex offenses in Colorado have a culpable mental state of knowingly.
FELONIOUSLY – means the criminal act is classified as a felony and is punishable by a prison sentence. A prison sentence carries a mandatory period of parole.
UNLAWFULLY – a person acts unlawfully if his conduct is a violation of the Colorado criminal law.
SEX ASSAULT ON A CHILD-BY ONE IN A POSITION OF TRUST is very serious charge. If you or loved one face this charge, call ATTORNEY PETER ALBANI at (303) 753-0900 to discuss your case. Don’t wait. This call may be the most important call you can make to protect your future.

Please Call Us Today For A Free Consultation

When It Comes To Your Future, You Can’t Leave Things To Chance.

— (303) 753-0900 —

Defending a Sex Assault Charge

If you are charged with SEX ASSAULT, SEX ASSAULT ON A CHILD, SEX ASSAULT ON A CHILD BY ONE IN A POSITION OF TRUST, SEX ASSAULT ON A CHILD – PATTERN OF ABUSE or any other SEX OFFENSE in Colorado CALL PETER ALBANI at (303) 753-0900.

ATTORNEY PETER ALBANI has dedicated his entire legal career to defending clients accused of SEX ASSAULT and other SEX OFFENSES in Colorado. For more than 30 years, MR. ALBANI HAS SUCCESSFULLY DEFENDED HUNDREDS OF SEX OFFENSE CASES. Mr. Albani defends against all Felony Sex Offense charges and all Misdemeanor Sex Offense charges. Mr. Albani represents all adults and juveniles.

PETER ALBANI IS A PREMIER CRIMINAL DEFENSE LAWYER DEFENDING COLORADO SEX ASSAULT CASES.

Mr. Albani is considered one of the premier criminal defense attorneys in Colorado on sex assault cases. While some attorneys and law firms dabble in sex assault defense, we do not. Mr. Albani advocates for the client. He is unapologetic in that role. Approximately 80% of Attorney Albani’s criminal defense practice is dedicated to the defense of sex crimes and offense.

ATTORNEY PETER ALBANI handles ALL SEX ASSAULT CASES and ALL SEX OFFENSE CRIMES. Mr. Albani has a statewide practice. He routinely defends sex assault charges in Denver, Arapahoe County, Douglas County, Jefferson County, Adams County, Broomfield County, Boulder, County, El Paso County, and Elbert County. Mr. Albani knows these Court systems. Mr. Albani knows the ins and outs of SEX ASSAULT DEFENSE.

ATTORNEY PETER ALBANI WILL OFFER IMMEDIATE ASSISTANCE

If you are charged with a SEX ASSAULT, SEX ASSAULT ON A CHILD, SEX ASSAULT ON A CHILD BY ONE IN A POSITON OF TRUST, SEX ASSAULT ON A CHILD PATTERN, or any other SEX OFFENSE or SEX CRIME you need an experienced attorney who can immediately begin working to defend your case.

ATTORNEY PETER ALBANI works with a number of INVESTIGATORS and EXPERTS who are experienced and are as committed as he is to defending sex offenses. If you want this level of representation and commitment, then call (303) 753-0900 and ask to speak with Peter Albani, Attorney. We can start helping immediately.

CLIENT OPTIONS:

DISMISSAL OF CHARGES

A defense attorney can ask for dismissal of the charges. It is very rare that a District Attorney’s Office will file a SEX ASSAULT case and then simply dismiss the case at a later point. Once a decision is made to file a SEX ASSAULT case, the District Attorney will usually prosecute the case vigorously.
In the appropriate case however, ATTORNEY PETER ALBANI will ask that all charges be dismissed. Obviously there are cases that should never have been filed. These cases should rightly be dismissed. A qualified and experienced criminal defense attorney will be in position to seek dismissal of your case.
If you are wrongly charged with a SEX ASSAULT, ATTORNEY PETER ALBANI will not hesitate to ask for a dismissal of your case. Call PETER ALBANI at (303) 753-0900 to discuss this possibility.

PLEA BARGAINING OPTION

Approximately 90% of all SEX ASSAULTS filed in Colorado result in a plea bargain. The criminal defense attorney will attempt to mitigate the charges and the disastrous consequences facing the Client by seeking a reduced plea bargain and a reduced sentence. Plea bargain considerations may include:
Trying to keep the Client out of prison.
Trying to keep the Client away from a felony conviction.
Trying to keep the Client away from receiving sex offense treatment and therapy?
Trying to keep the Client away from having to register as a sex offender.

ATTORNEY PETER ALBANI has successfully plea bargained hundreds of SEX OFFENSE cases. MR. ALBANI has met or exceeded his Client’s expectations in almost all of these cases. Call ATTORNEY PETER B. ALBANI at (303) 753-0900 to discuss your case.

JURY TRIAL OPTION

Approximately 10% of all SEX ASSAULT cases in Colorado end up in a Jury Trial. If your case cannot be dismissed and if the Prosecution’s plea bargain is not acceptable, then a realistic option available to the Client is to take your case to a jury trial.
In Colorado, if you are charged with a felony offense, you have a right to a jury trial before a jury of 12 persons. In Colorado a jury verdict must be unanimous. You will enter a “not guilty” plea and your case will be set for trial. By law, you are “presumed innocent”. You need not prove anything at trial, rather the Prosecution has the sole burden of proof. The Prosecution must prove an accused is guilty by “proof beyond a reasonable doubt”. Any reasonable doubt is sufficient for a jury to an accused not guilty.
Attorney PETER ALBANI has successfully defended over 100 SEX OFFENSE jury trials. He has a strong track record and high level of success. Don’t wait, call PETER ALBANI at (303) 753-0900 to discuss your case today.

DEFENSES

The major defenses available to a person charged with SEX ASSAULT, SEX ASSAULT ON A CHILD, SEX ASSAULT ON A CHILD – POSITON OF TRUST, SEX ASSAULT ON A CHILD PATTERN are listed below.

GENERAL DENIAL

The most common defense in a SEX ASSAULT CASE is “GENERAL DENIAL”. The Client and his defense attorney simply deny that the criminal act took place.

CONSENT

A possible defense in a SEX ASSAULT CASE is “CONSENT”. The Client admits that he had sexual intercourse but presents a defense to the Jury showing that his actions were consensual.
CONSENT is a common defense when the named victim is an adult.
CONSENT is often not available as a defense when the named victim is a child. The law assumes that in many circumstances, a child under the age of eighteen cannot give her consent.

MOTIVE AND FABRICATION

As part of a general denial defense, the defense attorney will often try to show that the named victim has a MOTIVE TO LIE and a REASON TO FABRIACTE about what happened. The defense lawyer will ATTACK THE CREDIBILITY of the complaining witness.
A common scenario is where a husband and wife are involved in contested divorce proceedings, and at the height of marital discord and disagreement, a child makes a claim of SEX ASSAULT against her father. The defense attorney may try to show that the mother coached her child or improperly influenced the child to make the claim.
Sex Assault experts routinely claim that their research shows that a child will very rarely lie when making an allegation of Sex Assault. The most common scenario however where a child may make a false allegation against a father is in a high conflict divorce.
Furthermore, a second common scenario involves situations where a young woman engages in consensual sexual relations and then for any number of reasons claims SEXUAL ASSAULT or RAPE.

MENTAL HEALTH DEFENSE

In a rare case, a defense attorney may claim that his Client is suffering from a mental health deficiency. The defense attorney may claim that his Client is unable to proceed for a lack of competency, or that the Client was mentally ill and did not understand the difference between right and wrong. These two defenses present difficulties and are rarely successful. In either defense is attempted, the Client must submit to an evaluation to determine what if any mental health defects may be applicable.

DRUGS AND ALCOHOL

In Colorado, the voluntary consumption of drugs and alcohol does not provide a defense to SEX ASSAULT, SEX ASSAULT ON A CHILD, SEX ASSAULT ON A CHILD BY ONE IN POSITION OF TRUST, OR SEX ASSAULT ON A CHILD-PATTERN OF SEXUAL ABUSE.

If you are charged with SEXUAL ASSAULT, you will want a criminal defense lawyer who has years of experience. IN SEX ASSAULT DEFFENSE, EXPERIENCE IS THE KEY. With over 31 years of experience in defending SEX ASSAULT cases, ATTORNEY PETER ALBANI has the knowledge and experience needed to defend you. Don’t wait. Call PETER ALBANI today at (303) 753-0900.

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Registering as a Sexual Offender In Colorado

Any person who was convicted on or after July 1, 1991, in Colorado of committing a sex crime, is required to register in the sexual offender database for Colorado. Registering as a sexual offender means you have received notice to do so from a judge, probation officer, parole officers, and staff at Department of Human Services, county jails, Department of Corrections, community corrections or law enforcement offices.

Registering as a sexual offender in Colorado means you must attend, in person, at the law enforcement agency within the area where you reside. If you move to a new city, town or district, you must first cancel your current registration and then re-register with the corresponding law enforcement agency in your new area. For those who live outside of city limits, registering with a county’s Sheriff’s Department is required.

Registration is required to occur within five business days of establishing a temporary or permanent residence in Colorado, for those under supervision. If a convicted offender is released without supervisory terms, they are required to register the very next day. Registering as a sexual offender in Colorado is also required after a name change has occurred, and depending on the nature of your crime, you may be required to re-register annually or quarterly.

Here is a list of crimes that warrant quarterly re-registration:

  • Sexual assault, in violation of 18-3-402,
  • Sexual assault in the first degree, in violation of 18-3-402, as it existed prior to July 1, 2000,
  • Sexual assault in the second degree, in violation of 18-3-403, as it existed prior to July 1, 2000,
  • Sexual assault on a child, in violation of section 18-3-405, Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3
  • Sexual assault on a client by a psychotherapist, in violation of 18-3-405.5,
  • Incest, in violation of 18-6-301,
  • Aggravated Incest, in violation of section 18-6-302;
  • Anyone found to be a Sexually Violent Predator.
  • Registering as a sexual offender in Colorado means that the public will be notified of the following: your name, address, aliases, date of birth, your likeness (photograph, if requested and readily available), and any unlawful sexual behavior conviction(s) resulting in the registrant being required to register. This information will be available for public access on a local website in order to keep the community you reside within safe. Although this will make life after a sexual assault conviction difficult, it is in the best interest of public safety.

Anyone failing to register as a sexual offender in Colorado may be taken into custody and charged with a failure to register – this is considered a felony act.

There is plenty of information available online for registering as a sexual offender in Colorado and other States. You may even find the registration forms available online, as well as more area specific requirements and regulations. If you have questions or need assistance to complete this process, contact Albani Law.

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