Can You Be Charged with Statutory Rape in Colorado if the Sex Was Consensual?

One of the most misunderstood areas of criminal law is statutory rape — especially in cases where both individuals believe their relationship is consensual. In Colorado, as in many other states, the law takes a strict stance on sexual relationships involving minors, even when both parties agree to the activity. This leads many people to ask: Can I still be charged with statutory rape if the sex was consensual? The answer is yes.

Statutory rape laws are designed to protect minors who are legally considered unable to give consent, regardless of what they verbally or physically agree to. If you're facing accusations or are in a relationship that could raise legal concerns, it's important to understand how Colorado law defines consent, the legal age thresholds, and the possible consequences of a conviction.

What Is Statutory Rape Under Colorado Law?

Statutory rape is a term commonly used to describe certain sex crimes involving minors, though Colorado does not officially use that terminology in its criminal statutes. Instead, these offenses fall under various degrees of sexual assault on a child or unlawful sexual contact.

In Colorado, the age of consent is 17 years old. This means that anyone under the age of 17 is considered legally incapable of consenting to sexual activity. Engaging in sexual conduct with someone under this age — even if they agreed to it — can result in criminal charges.

Why Consent Doesn’t Always Matter

Unlike other types of sexual assault cases, actual consent is not a defense in statutory rape cases if the alleged victim is below the age of consent. That’s because the law assumes that minors below a certain age are not mature enough to fully understand or agree to sexual activity.

This legal framework is in place to protect minors from exploitation and abuse — even if they initiated the relationship or seemed willing. Prosecutors don't need to prove force or coercion to secure a conviction in a statutory rape case. They only need to prove:

• The age of the alleged victim
• The age of the accused
• That sexual activity took place

Colorado Age of Consent and “Close-in-Age” Exceptions

Colorado does recognize that not all relationships involving teenagers are criminal in nature. To account for situations where individuals are close in age, the law includes limited “Romeo and Juliet” exceptions. These are intended to prevent criminalizing consensual relationships between teenagers and young adults who are relatively close in age.

Here’s how the law typically breaks down:

• If the victim is 15 or 16 years old, their partner must be less than 10 years older to avoid criminal liability.
• If the victim is under 15, the partner must be less than 4 years older to avoid statutory rape charges.

Anyone outside these age ranges could face felony charges, even if the relationship was consensual. These cases are especially serious if the alleged offender is in a position of trust, such as a teacher, coach, or youth group leader.

Potential Charges and Penalties

The penalties for statutory rape (or related offenses under Colorado law) can be severe. The specific charge and its consequences depend on the ages of the people involved, the nature of the relationship, and whether the alleged conduct involved penetration or contact.

Common charges include:

• Sexual Assault on a Child (CRS 18-3-405): A class 4 felony punishable by 2–6 years in prison and mandatory sex offender registration.
• Sexual Assault on a Child by One in a Position of Trust: A class 3 felony, with more severe sentencing of 4–12 years if proven.
• Unlawful Sexual Contact (CRS 18-3-404): A class 1 misdemeanor, but may be a felony depending on the circumstances.

In addition to prison time and fines, a conviction can result in:

• Mandatory sex offender registration
• Probation or parole
• Restrictions on where you can live or work
• Lifetime social and reputational consequences

What If the Relationship Was Ongoing and Mutually Agreed Upon?

Even long-term, consensual relationships may fall within the definition of statutory rape if one person is below the legal age threshold. In fact, many cases arise when a parent or third party discovers the relationship and reports it to law enforcement — even if both individuals believed there was nothing wrong.

It's also important to know that consensual sexting, sharing explicit photos, or engaging in other sexual communication with a minor can also result in criminal charges, including distribution of child pornography or unlawful sexual exploitation of a minor.

What Should You Do If You’re Accused?

Being accused of statutory rape in Colorado is a serious legal matter. If you or someone you know is facing allegations, here are immediate steps to take:

• Do not talk to police without an attorney present. Anything you say can be used against you — even if you believe you did nothing wrong.
• Gather evidence that may support your case, such as messages, timelines, or witness statements.
• Avoid contact with the alleged victim or anyone pressuring you for information.
• Contact an experienced criminal defense attorney as soon as possible.

How a Colorado Criminal Defense Attorney Can Help

A knowledgeable defense attorney can:

• Evaluate whether the age-based exceptions apply to your case
• Challenge the admissibility of evidence
• Negotiate for reduced charges or alternative sentencing
• Represent you in court and protect your rights at every stage

Every case is unique. The details of your relationship, communication history, and other evidence will play a major role in your defense strategy.

Contact the Law Office of James Colgan for Your Statutory Rape Accusation Case

If you are facing statutory rape accusations in Colorado — even in a consensual relationship — the consequences can be life-changing. Don’t take chances with your future or your freedom. At the Law Office of James Colgan, we understand how high the stakes are and offer compassionate, aggressive legal representation for clients throughout Northglenn and surrounding communities.

Contact us today for a confidential consultation and let us help you protect your rights, your reputation, and your future.