Rape Attorney in Denver

Denver Rape Defense Attorney

Colorado law and prosecutors take rape allegations seriously. That’s why some of the harshest sex crimes charges and penalties are reserved for rape cases. For the accused, having a strong defense can make all the difference in the outcome of their case, as well as their future.

Denver Rape Charges Defense Lawyer, James Colgan is the fierce advocate the accused can rely on when it’s time to protect their rights and mount the fight of their life in court. With vast experience and a reputation as a “pit bull in the courtroom,” Attorney James Colgan can help you build a strong, persuasive defense if you have been accused of rape.

Call 720-909-6425 or email our firm for a free, confidential consultation 24/7.

We are ready to put our 25 years of criminal law experience to work defending you.

How Does Colorado Law Distinguish Rape Charges from Sexual Assault Charges?

Rape, a specific type of sexual assault under Colorado law, involves the sexual penetration of a victim without his or her consent. This can include penetration with the use of a foreign object, and it can involve the use of drugs or intoxicants to render a victim physically helpless.

Charges for rape allegations in Colorado are typically felonies, with the severity (class) of the charges depending on several factors, like the criminal history of the accused and whether the alleged victim was seriously injured during the act.

The table below shows when different types of felony charges are usually filed for rape cases in Denver, along with the associated penalties in the event of conviction.

Rape Charge

Class 4 Felony

Class 3 Felony

Class 2 Felony


A first-time rape offense with no aggravating factors

A drug was used to incapacitate the victim.

A deadly weapon was used during the rape, and/or the victim suffered serious injuries.


4 to 12 years

8 to 24 years

16 to 48 years

FinesFines & Other Penalties

$2,000 to $500,000
3 years of parole

$3,000 to $750,000
5 years of parole

$5,000 to $1,000,000
5 years of parole

In addition to the above penalties, rape convictions will result in a requirement to register as a sex offender.

Date Rape Charges & Penalties in Denver, Colorado

When an alleged rape occurs between acquaintances, friends, or romantic partners, it’s commonly referred to as “date rape.” The charges and penalties for date rape in Colorado mirror those for other rape cases, with Class 4 felony charges filed for many date rape cases in Denver.

How Can I Defend Myself Against Rape or Date Rape Charges in Denver?

Denver Rape Defense Attorney James Colgan can provide you with specific answers to this question, after hearing more about the details of your case. Generally, however, there can be various ways to fight rape and date rape allegations. Depending on the evidence and allegations, some defense strategies can include arguing that:

  • The sexual activity was consensual: Sometimes, allegations are made when there’s confusion, a misunderstanding, or a change of heart after an encounter. The interactions an alleged victim shared with the accused before an alleged rape, as well as the credibility of the accuser versus the accused, can be important to supporting this defense strategy.
  • The allegations have been falsely made: Wrongful allegations can arise out of various motivations, from trying to gain leverage in a family court case to exacting revenge on an ex or an unrequited love.
  • The defendant has been wrongly identified as the assailant: If a victim was intoxicated or an assailant was masked, for example, it can be difficult to definitively say the accused perpetrated the alleged offense, especially if there is no physical evidence.
  • There are inconsistencies or problems with the allegations, statements made by the prosecutor’s witness(es), and/or the physical evidence: Any discrepancies in these key areas can weaken a prosecutor’s case. If the problems involve violations of the accused individual’s rights—like the collection of evidence without a warrant or the illegal interrogation of the accused—it may be possible to get certain evidence, testimony, and/or charges dismissed.
  • There is enough reasonable doubt to find the accused “not guilty” of the alleged rape: Ultimately, the prosecutor must prove beyond a reasonable doubt that the accused individual committed the offense(s) in question. This burden of proof can be exceedingly high in rape cases that often rely heavily on witness testimony. It can mean that, to win these cases, the defense only has to raise enough reasonable doubt in juries’ minds that the rape did not occur, the allegations are false, and/or the defendant has been wrongly accused.

Get a Denver Rape Defense Lawyer Who Will Fight for You Every Step of the Way: Contact the Law Office of James Colgan, LLC

Rape allegations require a strong defense if you want the best chances of optimal outcomes. In the Denver metro area, you can turn to Attorney James Colgan for exceptional defense representation against felony rape charges.

With more than a quarter of a century of trial experience from both sides of the courtroom, Attorney James Colgan has a vast and comprehensive background in the law and justice system. That has empowered him with a unique perspective, extraordinary skills, and deep knowledge that he uses to provide superior, strategic defense advocacy when it matters most.

Call 720-909-6425 or email our firm for a free, confidential consultation 24/7.

Whether you have been accused of rape for the first time or a subsequent time, Denver Rape Defense Attorney James Colgan can help you prepare a strong defense case. Known for saving clients from overcharging and wrongful convictions, he is the 5-star Denver sex crimes defense attorney you can turn to when it’s time to navigate the complicated legal system, put up the fight of your life, and set your defense case up for a successful resolution.

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The information you obtain at this site is not, nor is it intended to be, legal advice. We welcome your calls, letters and email; however contacting us does NOT create an attorney-client relationship.

office address

The Law Office of James Colgan, LLC
11990 Grant Street #550
Northglenn, Co 80233

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