The statute of limitations is the period during which the prosecutor can lawfully file charges against you for committing a crime. Once the statutory period expires, the accused is immune from prosecution. The statute of limitations in Colorado varies based on the severity of the reported crime.
Sexual assault is a severe crime and has a 20-year statute of limitations from the time the alleged offense occurred or when the victim turns 18, whichever is later. The statutory period for sexual assault can increase in certain circumstances, which we will discuss in detail below. The statute of limitations is subject to limited exceptions that can extend the statutory period.
A member of our team can review your case and determine the relevant statute of limitations for a specific criminal accusation. Contact The Ferrell Law Firm, PLLC, today to schedule an appointment with a Colorado sexual assault attorney.
What Is the Statute of Limitations for Sexual Assault?
A sexual assault charge where the victim is an adult generally has a 20-year statute of limitations. This is a much longer statutory period than many Colorado felony offenses, with only a three-year statute of limitations. The 20-year period begins when the alleged sexual assault occurs unless the victim is 15, 16, or 17 at the time of the alleged offense. Then, the statute of limitations does not begin until the victim turns 18.
However, the prosecutors can file sexual assault charges forever if two factors exist:
- The victim reported the alleged sexual assault to law enforcement within 20 years of the incident; and
- Law enforcement possesses valid DNA evidence from the suspect.
There is no statute of limitations for charges of sexual assault involving a victim under 14 years old. Therefore, the prosecutor can file charges for sexual assault of a child under 14 even 40 years after the alleged crime occurred.
What Acts Constitute Sexual Assault in Colorado?
In Colorado, anyone who knowingly inflicts sexual intrusion or penetration commits sexual assault if the victim:
- Was incapable of appraising the nature of the conduct,
- Did not consent,
- Consented to the sexual contact upon the belief that the alleged attacker is their spouse, or
- Lacked the ability to provide consent.
Sexual assault is generally a Class 4 felony when the crime occurs without force or injury. However, the charge increases to a Class 3 felony when the assault is achieved by force, drugging, or serious threats. A Class 4 felony is punishable by two to eight years in prison and a fine between $2,000 and $5,000. A Class 3 felony is punishable by between four and 16 years in prison and a fine between $2,000 and $750,000.
Sexual assault by gang rape or that causes serious bodily injury is a Class 2 felony punishable by between eight and 24 years in prison and a fine between $5,000 and $1,000,000. The potential prison sentence increases to a possible life sentence if a deadly weapon is used during the assault.
Sexual assault must involve some form of penetration. Non-consensual touching of breasts or buttocks without penetration falls under unlawful sexual contact (CRS 18-3-404). Unlawful sexual contact is a class 1 misdemeanor and has a five-year statute of limitations if the victim is older than 15. If the victim is under 15, the statute of limitations is eight years and six months from the date of the alleged offense. The unlawful sexual contact statute of limitations gives the prosecution less time to build their case than the statute of limitations for sexual assault.
Why Does Colorado Enforce a Statute of Limitations for Sexual Assault?
The statute of limitations protects a defendant’s right to a fair trial by ensuring they can find relevant witnesses and evidence to defend themselves against the charges by the prosecutor. Additionally, the statute of limitations prevents prosecutors from threatening someone with prosecution indefinitely.
Even though the statute of limitations requires the prosecutor to file sexual assault charges before the expiration of the time limit, that does not mean you will go to trial or even receive a plea offer right after the prosecutor files charges against you. In many cases, it can take months or even years for a sexual assault case to conclude. To comply with the statute of limitations, the prosecutor is only required to file the sexual assault charges before the statutory period expires.
How Can a Lawyer Help My Case Before the Colorado Sexual Assault Statute of Limitations Expires?
A sexual assault conviction can impact your livelihood, relationships, and reputation. You should not leave important aspects of your life in the hands of an inexperienced attorney. An experienced criminal defense lawyer can help:
- Listen to your side of the story,
- Determine whether any legal defenses apply to your case,
- Gather evidence to support your defense,
- Interview witnesses to testify on your behalf,
- Comply with any important filing deadlines set by the court,
- Negotiate a favorable plea agreement with the prosecuting attorney on your case, and
- Prepare to take your case to trial when necessary.
Understanding the statute of limitations for sexual assault is a critical aspect of your criminal defense case. However, it is far from the only important part of your case. A member of our team can answer all of your questions along the way.
Do You Have Questions About the Colorado Sexual Assault Statute of Limitations? Contact a Lawyer Today
Our team at The Ferrell Law Firm, PLLC, has several traits that set us apart from other Colorado sexual assault defense lawyers. If the statutory period is over, we will work tirelessly to get your case dismissed.
Our founding attorney, Michael Ferrell, proudly holds a 5-star rating on Avvo and received the Clients’ Choice Award for 2023. Michael’s prior experience as a district attorney gives him an extra layer of preparation in criminal cases.
Our attorneys at The Ferrell Law Firm, PLLC, will help answer your questions about the statute of limitations and other aspects of your criminal case. Contact our office today to schedule an appointment.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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