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5 Types of Cases Managed by Sex Crime Attorneys

5 Types of Cases Managed by Sex Crime Attorneys
Sex crime attorneys specialize in defending individuals accused of offenses that are often highly sensitive and complex. Because Colorado’s sex offender laws are particularly harsh, it is of the utmost importance to find a legal team that can navigate the unique challenges and intricacies of your particular case. In this post, we explore five types of cases that sex crimes defense attorneys frequently manage, providing an understanding of what these charges entail, their commonalities, and their key differences.

1. Sexual Assault

Sexual assault, also known as rape, is an act of nonconsensual sexual penetration. A sexual encounter becomes sexual assault under the following circumstances:
  1. It happens against the victim’s will.
  2. The victim is mentally incapacitated – i.e. drunk or high.
  3. The victim is physically incapacitated – i.e. asleep.

Note that an act cannot be charged as sexual assault unless penetration occurs. Some common examples of sexual assault include vaginal and anal intercourse, fingering, or penetration with a foreign object. Unwanted groping or fondling, while still classified as sex crimes, do not qualify as sexual assault because they do not involve penetration.

Depending on the severity of the crime, sexual assault can range anywhere from a class 4 felony to a class 1 felony. Charges become more severe when force, drugs, weapons, threats, and/or multiple defendants are involved. Penalties can include lengthy prison sentences, hefty fines, requirement to register as a sex offender in the state of Colorado, and damage to one’s personal relationships and reputation.

2. Unlawful Sexual Contact

Unlawful sexual contact involves any form of unwanted touching of another person’s intimate parts. This charge is similar to sexual assault, in that it is nonconsensual, but slightly less severe, since it does not involve penetration of any kind.
Unlawful sexual contact is typically charged as a misdemeanor in the state of Colorado. However, if the defendant employs force, drugs, threats, or intimidation to compel the victim to submit, the act becomes a felony. If the defendant uses or threatens the use of a deadly weapon, the act can be charged as a violent crime, which carries even more severe penalties.
Note that even though unlawful sexual contact is viewed as less severe than sexual assault, an individual convicted of this crime still needs to register as a sex offender in the state of Colorado. Failure to register is a class 6 felony that carries additional charges.

3. Indecent Exposure

Indecent exposure occurs when an individual exposes their genitals in a public place with the intent to arouse or alarm others. This offense is often linked to acts such as public masturbation, urination, streaking, or flashing.
While it may seem less serious than other sex crimes, indecent exposure is still categorized as a class 1 misdemeanor in the state of Colorado. This means that an individual charged with indecent exposure will face jail time, fines, and mandatory sex offender registration. Additional penalties can include treatment programs, counseling, and probation.
Note that not all public nudity is considered indecent exposure. If the exposure was accidental/unintentional or occurred in an area where nudity is accepted (i.e a nude beach), the event should be highly defensible in court. For example, if you were on a hike and went off the trail to urinate, with no intention of being seen, this would not be a case of indecent exposure.

4. Prostitution

Prostitution involves offering, agreeing to, or engaging in sexual acts in exchange for money or other compensation. Both individuals selling and buying sexual services can face legal charges in the state of Colorado.

Prostitution is classified as a petty offense in the state of Colorado, meaning that penalties are relatively minimal. Individuals facing prostitution charges can face fines of up to $300 and up to ten days in jail. Note that the mandates surrounding prostitution charges can vary county by county.

Unlike many other sex crimes, prostitution records can be sealed one year after the case ends. If the charges are dropped, defendants can petition for immediate sealing of the case records.

5. Internet Luring

Internet luring involves using the internet to communicate with a minor (under 15 years of age and more than 4 years younger than the perpetrator) with the intent of meeting in person. This crime has become more prevalent with the rise of social media and online communication platforms.

If the intended purpose of your meeting is to engage in sexual activity with the victim, the penalties become much more severe. Potential consequences include a prison sentence of up to 6 years, fines of up to $500,000, and mandated registry as a Colorado sex offender.

Note that even if a meeting between the defendant and the child in question never takes place, internet luring charges can still apply. The prosecution simply needs to prove that the defendant persuaded or invited the child to meet up in person, for any purpose.

Facing a sex crimes charge of any kind is an overwhelming and life-altering experience. The legal system can be complex and unforgiving, so it is essential to have a skilled sex crimes defense attorney by your side. The team at Mastro, Barnes & Stazzone, P.C. (MBS Law) Law has decades of experience representing individuals in all types of sex crimes cases. We are trial-tested and committed to helping clients craft the best possible defense for their unique situation.

Whether you’re facing sexual assault charges, unlawful sexual contact allegations, or any other sex crime issue, the legal team at MBS Law can provide the expert defense you need. Get started today with a FREE consultation.

Helping Clients Throughout the Denver Metro Area

Helping Clients Throughout the Denver Metro Area

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