Is there a statute of limitations on sexual assault in Colorado? The answer depends on the alleged offense, the victim’s age, when the conduct occurred, and whether an exception or historical version of the law applies.
A recent Frisco cold case shows how DNA can revive an investigation decades after evidence was collected. In June 2026, authorities arrested a 67-year-old man in connection with an alleged sexual assault and kidnapping from 1998. Investigators reportedly preserved DNA evidence from the scene but could not connect it to a suspect until new technology generated a lead.
The defendant faces four felony charges, including first- and second-degree kidnapping and two first-degree sexual assault counts. These charges remain allegations, and the defendant is presumed innocent unless proven guilty.
Is There a Statute of Limitations on Sexual Assault in Colorado?
Colorado’s criminal statute of limitations depends on the precise charge, the victim’s age, when the alleged offense occurred, and how the suspect was identified.
Under current law, felony sexual assault under C.R.S. § 18-3-402 generally has a 20-year limitations period when the alleged victim is an adult. Colorado provides no limitations period for qualifying felony sex offenses against children. The unlimited period generally applies to qualifying offenses committed on or after July 1, 1996.
Colorado also eliminates the deadline in certain felony sexual assault cases when DNA plays a role in identifying the defendant and the offense was reported to law enforcement within the applicable statutory period.
These rules have changed over time. A court may need to examine the law in effect when the alleged conduct occurred, later amendments, the victim’s age, when the offense was reported, and whether an earlier limitations period had already expired. There is no single deadline that applies to every Colorado sexual assault case.
Can You Be Charged for an Old Sexual Assault in Colorado?
Yes. An allegation may lead to charges decades later when the applicable limitations period has not expired or when the offense falls under a no-limit provision.
The 2026 Summit County arrest concerns an alleged attack on a 16-year-old in a Frisco condominium stairway in February 1998. According to the Colorado Bureau of Investigation information reported by Summit Daily, authorities preserved DNA evidence for nearly three decades before investigators associated it with a suspect.
Cold cases may remain open while investigators retest evidence, review database results, interview witnesses, or apply new forensic methods. An old allegation does not reduce the prosecution’s burden. The state must still prove every element of the charge beyond a reasonable doubt, and the defense may challenge whether the case was legally commenced on time.
How Is DNA Used in Cold Case Arrests?
DNA may be compared with a known sample, a law-enforcement database profile, or information produced through newer investigative technology.
In the Frisco case, authorities said new technology helped identify a suspect using DNA collected in 1998. Investigators then obtained a sample directly from the defendant and reported that subsequent testing confirmed a match.
A match can be powerful evidence, but it does not automatically prove the entire criminal allegation. DNA may indicate that biological material came from a particular person without establishing when it was deposited, how it arrived, or whether every element of the charged offense occurred. The defense may also investigate whether the evidence presents a risk of contamination, an incomplete profile, or mistaken identity.
A sexual assault defense attorney may examine evidence collection, storage conditions, chain of custody, laboratory protocols, mixed profiles, statistical calculations, and the process used to obtain a confirmatory sample. Those issues can become especially important when evidence has been stored for decades.
What Is First-Degree Sexual Assault in Colorado?
“First-degree sexual assault” is primarily a historical term under Colorado law. It refers to the version of the sexual assault statute that existed before the law was rewritten effective July 1, 2000. Because criminal charges are generally evaluated under the law applicable when the alleged conduct occurred, a current prosecution involving a 1998 allegation may still use the former terminology.
Current law refers to sexual assault under C.R.S. § 18-3-402 and classifies the crime according to its circumstances. Sexual assault is generally a Class 4 felony, but allegations involving force, serious threats, a physically helpless victim, serious bodily injury, multiple participants, or a deadly weapon may increase the classification and sentencing exposure.
MBS Law’s overview of the different types of sex crime cases provides additional context on how sexual assault differs from other allegations such as unlawful sexual contact, internet luring, and sexual exploitation.
The historical distinction matters in a cold case because prosecutors cannot simply apply every portion of today’s charging framework to decades-old conduct. The filed counts must be compared with the statutory language and penalties applicable to the alleged offense date.
How Can a Sexual Assault Defense Attorney Challenge a Cold Case?
Cold case sexual assault charges require a detailed review of both the forensic evidence and the investigation’s history.
A defense attorney may first determine whether the statute of limitations permits prosecution and whether the state filed the appropriate charges under the law applicable at the time. The attorney can then seek laboratory records, evidence logs, police reports, photographs, recordings, witness statements, and information about everyone who handled the DNA evidence.
Time can create problems for both sides. Witness memories may fade, investigators may retire, records may be incomplete, and potentially exculpatory evidence may have disappeared. The defense may challenge whether those circumstances undermine the evidence or prevent a fair trial.
Anyone facing old Colorado sexual assault charges should not try to explain the allegations to investigators without counsel. Present-day statements can become important evidence even when the accusation concerns events from decades ago. Taking immediate steps to protect your rights allows an attorney to investigate while the records and evidence are still available.
Speak With a Colorado Sexual Assault Defense Attorney
Cold case DNA evidence can lead to serious felony charges long after an alleged incident. These cases require careful analysis of the limitations period, historical statutes, forensic testing, and evidence preservation.
MBS Law represents people facing sexual assault and other sex crime allegations throughout Colorado. Contact us to schedule a confidential consultation and discuss the evidence and possible defenses in your case.
