Most people think of sexual assault as a violent act involving physical force or coercion. But in Colorado, the law defines sexual assault far more broadly—and far more people end up facing charges than you might expect. You don’t have to use violence, and you don’t even need to realize you’ve done something wrong, to be arrested and prosecuted under Colorado’s sexual assault laws.
Colorado Revised Statutes § 18-3-402 outlines several types of behavior that fall under the sexual assault umbrella. Some involve intoxication, others revolve around the absence of verbal agreement, and some hinge on age or deception. Even people with no criminal history—people in relationships, marriages, or casual encounters—can find themselves accused.
These are seven ways someone could be charged with sexual assault in Colorado, even if they didn’t think they were doing anything illegal.
This is one of the most common and misunderstood paths to a sexual assault charge. Under Colorado law, someone cannot legally consent to sex if they are too intoxicated by drugs or alcohol. If they later report that they were impaired during the encounter—even if they didn’t resist or object in the moment—it can be treated as a non-consensual act. There’s no hard rule on how much alcohol is “too much.” It depends on the person's level of awareness and ability to make decisions. This means sexual encounters after a party or night out can become high-risk situations, particularly if memories are blurry or if stories conflict the next day.
In some cases, people rely on body language or assume that a lack of resistance means agreement. But in Colorado, the absence of a “no” doesn’t automatically mean “yes.” If a person is quiet, hesitant, or emotionally frozen and later says they didn’t want the contact to happen, law enforcement may treat the situation as sexual assault. Consent must be clear and affirmative. That doesn’t mean it has to be verbal every time, but there must be enough mutual understanding to show that both people were willing participants. Misreading someone’s silence as approval can result in a serious legal problem.
Consent is not a one-time pass. A person has the right to change their mind at any point, and if they do, the other party is legally required to stop. Continuing after someone says “no,” expresses uncertainty or physically pulls away can escalate the situation from consensual to criminal—even if everything was voluntary up to that point. In Colorado courts, actions taken after consent is withdrawn are examined closely. If the person claims they tried to stop the act and the other person ignored them, prosecutors may pursue charges aggressively.
Colorado’s age of consent is 17. If someone is under that age, they cannot legally agree to sexual activity, no matter what they say or how mature they seem. This can be a devastating trap for young adults and teenagers who believe they’re in mutual relationships. If the younger person is under 15 and the older party is four or more years older, the offense becomes even more severe, carrying the potential for decades in prison. And even if both parties are teenagers, charges can still be filed depending on the age gap. Believing someone is older than they are—or being misled about their age—is not typically a valid defense under Colorado law.
In some situations, the law views sexual contact gained through deception as non-consensual. For example, impersonating someone else, pretending to be in a trusted position (like a doctor), or using false pretenses to trick someone into sex can invalidate the consent. This form of sexual assault is less common, but it is prosecuted when the facts support it. Prosecutors focus on the idea that genuine consent must be informed and voluntary—if it was obtained through lies or manipulation, the law may treat it as a crime.
People in positions of trust—such as massage therapists, medical professionals, or fitness instructors—can face sexual assault allegations if they engage in inappropriate touching while providing services. Even brief or accidental contact can lead to complaints if it involves sensitive areas or causes the client discomfort. In these situations, the power dynamic between provider and client is often a factor. If the client felt unable to say “no” or feared they would be embarrassed or harmed by speaking up, prosecutors may argue that true consent was never given.
Not every sexual assault charge stems from malicious intent. Sometimes, one person believes the encounter was consensual, but the other person feels differently afterward. These cases often involve misunderstandings, mixed signals, or changing emotions in the hours or days following the incident. In Colorado, a person doesn’t need physical injuries or video evidence to file a report. A statement to law enforcement—if considered credible—can be enough to trigger an arrest. Once charges are filed, the accused will face the same legal process as someone accused of violent sexual assault, even if the facts are unclear.
A sexual assault conviction in Colorado is a felony with life-changing consequences. Depending on the facts of the case and the age of the alleged victim, penalties may include:
Even being charged—regardless of the outcome—can lead to job loss, housing denial, and social isolation. That’s why any accusation must be taken seriously from the moment it arises.
If you’ve been accused of sexual assault in Colorado—or even suspect you may be under investigation—there’s no time to delay. Your future is at stake, and early legal action can make all the difference. Contact us at the Law Office of James Colgan for a confidential, judgment-free consultation. We’ll work quickly to protect your rights, examine the facts, and build a strong defense from day one.
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