Under Colorado law, sexual consent is not possible when someone is forced, threatened or intimidated, physically helpless, too intoxicated to knowingly agree, mentally incapacitated, or under a certain age. In any of these situations, sexual contact can still be a crime even if the person verbally agreed or did not resist. Depending on what happened, it may be charged as sexual assault or as unlawful sexual contact.
Please note: Greer Law Group handles sexual abuse claims against institutions and organizations that allowed the abuse to happen, such as schools, churches, youth programs, hotels, and employers. We do not take cases against an individual acting alone, such as a family member, spouse, partner, or acquaintance. If that describes your situation, the Colorado Coalition Against Sexual Assault and the National Sexual Assault Hotline at 800-656-4673 can connect you with support.
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. Colorado’s sexual assault statute, C.R.S. § 18-3-402, spells out many of them.
Situations Where Sexual 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
Under Colorado law, a person is “physically helpless” if they are unconscious, asleep, or otherwise unable to show whether they are willing. It is a crime to engage in sexual contact with someone you know is physically helpless if they have not agreed to it.
Intoxication
Someone who is under the influence of alcohol or drugs may be unable to knowingly consent to sex.
Having a drink is not the same as agreeing to sex. For more on why drinking before an assault does not mean you consented, read Can I Pursue a Sexual Assault Claim if I Was Drinking?
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.
Consent Questions in a Civil Sexual Assault Claim
At 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 finding 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.
If the assault happened at a party, read Sexual Assault at a College Party: Civil Legal Options. To see how a lawsuit differs from criminal charges, read Civil vs. Criminal Sexual Assault Cases in Colorado.
Talking to a Lawyer After 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. 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 Greer Law Group today at 303-331-6460, or contact us by submitting our online contact form.
