Being accused of statutory rape is a terrifying experience for anyone to face. Colorado’s laws around consent age and sexual activity with minors are complex, and the criminal penalties if you are convicted are severe. If you find yourself in this challenging situation, it’s critical to understand your legal rights and options.

One critical aspect of Colorado’s statutory rape laws is the Romeo and Juliet exception, also known as the “close-in-age exemption”. This provision allows for a slightly reduced charge in cases where the age gap between parties is relatively close and the sexual activity was consensual.

This article will discuss Colorado’s Romeo and Juliet law, how it applies in statutory rape cases, and the steps you should take if you or someone close to you is facing statutory rape charges. Remember, an accusation is not a conviction, and you deserve a solid legal defense. The compassionate Colorado criminal defense attorneys at The Moorhead Law Group are here to help guide you through this challenging time and fight for your future.

What is the Romeo and Juliet Law in Colorado?

Colorado’s “Romeo and Juliet laws,” also known as the close-in-age exemption, allow consenting minors to engage in consensual sex with partners close to their age without it being considered statutory rape. This exemption acknowledges the complexities around the age of consent, providing some legal leniency for young couples.

Otherwise, Colorado’s consent age is 17. People under 17 cannot legally consent to sexual activity, and engaging in sex with someone under 17 is considered statutory rape under Colorado revised statutes, CRS 18-3-402. These consent laws are designed to protect minors from exploitation and abuse.

Why Does Colorado Have a Romeo and Juliet Law?

Colorado established the Romeo and Juliet law to avoid unfairly criminalizing consensual sexual activity between young people who are close in age. Lawmakers recognize that many teenagers experiment sexually before turning 17, and many of these situations with their peers are very different from an adult exploiting a minor.

Without a close-in-age exemption, a high school senior dating a high school junior could face felony charges for statutory rape, even if the activity was consensual. The Romeo and Juliet law provides flexibility in these cases.

What are the Specifics of Colorado’s Romeo and Juliet Law?

Colorado’s Romeo and Juliet law has some specific requirements and limitations:

  • It only applies if the minor is at least 14 years old. There is no exception for consensual activity with a child under 14.
  • For minors aged 14 or younger, their partner must be less than four years older.
  • For minors aged 15-16, their partner must be less than ten years older.

Some examples of permissible sexual relationships under the Romeo and Juliet exceptions:

  • A 14-year-old and a 17-year-old
  • A 15-year-old and a 18-year-old
  • A 16-year-old and a 24-year-old

However, these close-in-age exceptions do not apply if the older party is in a position of trust over the younger party, such as a teacher, coach, or church leader. The state will still prosecute any sexual activity in those situations as sexual assault.

Also, the Romeo and Juliet law does not make the activity legal; it just reduces the severity of criminal charges the state might bring. Sexual assault charges may still apply, but the prosecution will reduce them from a Class 4 felony to a Class 1 misdemeanor. So, while Colorado’s Romeo and Juliet law provides some protections for consenting minors, it still limits the age differences allowed. It also does not fully decriminalize the activity.

What are the Penalties for Violating Colorado’s Statutory Rape Laws?

The state prosecutes statutory rape under Colorado’s sexual assault laws. If no close-in-age exemption applies, sexual activity with someone under 17 is a class 4 felony. Penalties include:

  • 2-6 years in prison
  • $2,000-$500,000 in fines
  • Mandatory sex offender registration

If the Romeo and Juliet law in Colorado applies, it reduces the charge to a class 1 misdemeanor for statutory rape. Penalties for a class 1 misdemeanor include:

  • 6-18 months in jail
  • $500-$5,000 in fines

So, while the Romeo and Juliet law reduces the severity of the charges, the consequences can still be dire. A conviction will still result in a criminal record and potentially jail time.

Defenses to Statutory Rape Charges

There are a few possible defenses to Colorado statutory rape charges, but they are very limited, especially in cases involving sexual penetration. Some include:

  • The accuser is lying, and no sexual activity occurred
  • The defendant was married to the underage party
  • The defendant reasonably believed the other party was over 17 (this is very difficult to prove)

Notably, mistaken age is not a defense. A defendant cannot avoid liability by claiming they did not know the victim’s actual age or that the victim lied about their age. This is a “strict liability” crime.

Consent is also not a defense since the alleged victims are not legally old enough to consent. Even if the underage person was a willing participant, that does not make the sexual activity legal under Colorado law. This includes all forms of sexual activity, such as vaginal, oral, and anal sex.

The Romeo and Juliet exceptions often provide the best defense if the situation fits those parameters. But in many statutory rape cases, the only viable defense is attacking the credibility of the allegations themselves by exposing inconsistencies, lack of evidence, or motivations to lie. This requires the skill of an experienced criminal defense attorney to give the defendant the most likely chance of avoiding conviction and life-changing penalties.

How are Statutory Rape Charges Brought in Colorado?

Statutory rape charges typically start with a report to law enforcement. This could come from the alleged victim, their parents, mandated reporters like teachers or doctors, or anyone else who suspects illegal sexual activity with a minor.

Police will then investigate the allegations. This may involve interviewing the alleged victim, witnesses, and the suspect, collecting physical evidence, and reviewing electronic communications. If they believe there is probable cause, they will submit the case to the district attorney.

The district attorney’s office will review the evidence and decide whether to file formal charges. If they file charges, the defendant will be arrested and have an initial appearance in court, where the charges are presented and the judge sets bail. From there, the case will proceed through the court process. There will be an arraignment where the defendant enters a plea, pretrial hearings, and potentially a trial.

Most criminal cases end in a plea bargain, but if the two sides cannot reach a favorable deal, a jury may need to hear the case. Throughout this process, it is crucial to have a Colorado statutory rape defense attorney provide experienced counsel and guidance. A skilled lawyer could challenge the evidence, negotiate with prosecutors, and fight back aggressively against sex crimes charges or any other charges you face.

What to Do if You are Accused of Statutory Rape

If you are accused of statutory rape in Colorado, it’s crucial to take the allegations seriously and act quickly to protect your rights and interests. Some key steps include:

  • Remain silent – You have the right to remain silent and avoid self-incrimination. Do not discuss the allegations with anyone except your attorney, not even to proclaim your innocence. Remember, statutory rape charges differ significantly from charges of forcible rape, and your attorney can help you understand the specifics of your case.
  • Hire a criminal defense attorney right away – Consult an experienced criminal defense attorney as soon as possible. Look for a lawyer with specific experience handling sex crime cases and with whom you feel comfortable.
  • Avoid contact with the accuser – Do not contact the alleged victim or their family under any circumstances. Doing so could lead to additional charges like witness tampering.
  • Preserve evidence – Save any communications, documents, or other evidence relevant to the case, such as text messages or emails with the accuser.
  • Follow your attorney’s advice – Your lawyer will guide you through the legal process and advise you on the best course of action. Follow their guidance and allow them to handle communications with investigators and prosecutors.
  • Consider counseling – Criminal charges are highly stressful. Consider seeking counseling or therapy to cope with the emotional impact of the situation.

Remember, an accusation is not a conviction. You have the right to a legal defense and to have your case decided on the evidence. A skilled criminal defense attorney can challenge the allegations, negotiate with prosecutors, and fight for the best outcome.

The critical thing is to act quickly and avoid worsening your legal situation. Consulting with an attorney should be your first step in mounting an effective defense against statutory rape charges.

What are the Benefits of Hiring a Criminal Defense Attorney?

Facing statutory rape charges is terrifying and overwhelming. The criminal justice system is complex, the stakes are high, and the prosecution has extensive resources. Hiring a skilled criminal defense attorney can make all the difference in the case outcome. Some of the key benefits of having legal representation include:

  • Protecting your rights – An experienced Colorado statutory rape lawyer will ensure your constitutional rights are protected throughout the process, from arrest through trial.
  • Investigating the allegations – A lawyer will conduct a thorough, independent investigation to find weaknesses in the prosecution’s case and evidence to support your defense.
  • Negotiating with prosecutors – Your attorney will know how to negotiate with prosecutors to get charges reduced or dismissed. They can often reach a more favorable plea deal than a defendant could on their own.
  • Defending you in court – A skilled lawyer will provide an aggressive defense before a judge and jury if the case goes to trial. They know how to challenge the prosecution’s evidence, cross-examine witnesses, and present a compelling case for acquittal.
  • Guiding you through the process – Your attorney will explain your options, advise you on the most appropriate path forward, and support you through this challenging ordeal. You don’t have to face this alone, and they’ll be right by your side through the whole process.

Investing in solid legal defense is the most effective way to fight statutory rape charges and protect your future. Look for an attorney with specific experience handling sex crime cases and who understands Colorado’s Romeo and Juliet law.

Get Help from a Colorado Criminal Defense Lawyer

Facing accusations of statutory rape is overwhelming and isolating. The consequences of a conviction are severe, the legal system is intimidating, and it may feel like your entire future is hanging in the balance. But no matter how alone or afraid you feel, remember that you have rights, and there is hope.

At The Moorhead Law Group, our attorneys bring decades of experience exclusively practicing criminal law. We’ve successfully represented thousands of clients facing all types of criminal charges, including complex cases involving Colorado’s statutory rape laws and Romeo and Juliet exceptions.

When your future is on the line, you can count on us to be your relentless advocates. We’ll thoroughly investigate the allegations against you, challenge the prosecution’s evidence, and explore every avenue for defending your case, including whether Colorado’s Romeo and Juliet law may apply.

Don’t wait to start building your defense. The sooner you contact our experienced criminal defense attorneys, the better your chances of securing a favorable resolution. Call us today at (303) 447-1400 or reach out online to schedule your confidential consultation. Together, we’ll fight to protect your rights, freedom, and future.