The legal definition of sexual assault in Colorado hinges on whether the person who is the target of the assault is able to consent to sexual contact. As Marlo Greer points out in her video on this topic, there are a number of situations where a person is not capable of doing that. As a result, even if the person verbally agreed or did not resist, the attacker can still find themselves facing sexual assault charges.
Here are some of the situations where consent is not possible:
- Force. This is an obvious one. It’s not consent when someone holds a gun to your head or otherwise physically prevents you from refusing sexual contact.
- Threats or intimidation. It is not consent when the agreement to have sexual contact was prompted by threats or intimidation, whether directed at the victim or at someone else close to the victim.
- Physical helplessness. A person who is in a condition where they are not able to physically help themselves, such as if they are injured or confined to a hospital bed, is not in a position to consent to sexual contact.
- Intoxication. Someone who is under the influence of alcohol or drugs may be unable to knowingly consent to sex.
- Incapacitation. Someone who lacks the mental capacity to consent, whether due to a disability, a brain injury, or an age-related condition, will not be able to consent to sexual contact.
- Age. Victims under a certain age are legally unable to consent to having sex. The specific age under which consent is not possible varies depending on the ages of the two people involved.
In situations where an attacker has had sexual contact with someone without their consent, they can be charged with the crime of sexual assault.
You May Be Able to Recover Compensation for Sexual Assault
At the Greer Law Group, we focus our practice on helping people who have been harmed by the negligent or intentional acts of others. When it comes to sexual assault, that means that we will fight for you to find ways for you to be compensated for what you’ve been through.
Sometimes that means bringing a lawsuit against the person who attacked you. But it could also mean suing the place where it happened – such as the nightclub, the gym, or the office – if they were negligent in providing people with a safe place to be and your attacker took advantage of that. We may also sue your attacker’s employer, especially if the sexual assault was work-related and your attacker had a history of sexual harassment or abuse.
The Greer Law Group Can Help You Recover for Sexual Assault
If you have been sexually assaulted, you may not realize that it is often possible to seek damages from your attacker or others who may share responsibility for your attack. The Greer Law Group can help you explore what it means to bring a lawsuit when you have survived sexual assault. We regularly represent sexual assault survivors in these kinds of lawsuits, and we can explain what will happen if you decide to sue.
We know this is not an easy decision. And we will never push you into making it. What we will do is listen to your story; answer your questions; and let you take the time you need to make the decision that’s right for you.
To schedule a free case evaluation, call the Greer Law Group today at 303-331-6460, or contact us by submitting our online contact form.
META title: Sexual Assault and Consent | Greer Law Group
Description: There are a number of situations where a person is unable to consent to sex in Colorado.
Just because someone doesn’t say “no” or doesn’t fight back doesn’t mean they consent to having sex. In fact, in Colorado, there are a number of situations where a person is not able to consent to sex. As Marlo Greer points out in her video on this topic (link in the comments), these situations include ones involving force, threats, intimidation, helplessness, intoxication, or incapacitation due to age or mental capacity. And younger victims – those under the age of 17 – are legally unable to consent, no matter what the circumstances (with certain exceptions based on the age difference between the two parties).
Of course, someone who has sexual contact with someone else without their consent can face criminal charges for sexual assault. But they can also be sued by the person they assaulted. At the Greer Law Group, we represent survivors of sexual assault and help them get compensation for the pain they have suffered as a result of their attack.
Contact us to schedule a free consultation to discuss your case. We’ll give you the information you need so you can decide whether a lawsuit is right for you at this point.
