If there were any extenuating circumstances concerning this man's crime, the judge would likely have mentioned it when he was commenting on the sentence. But he didn't.
- My understanding of this article is that the judge didn't give him 10-12 years in prison because under Colorado law this could turn into a life in prison (which the judge feels is excessive).
It sounds like the judge was under the impression that this man might never be deemed fit.
Code Sections Colorado Revised Statues Sections 18-3-402: Sexual Assault, 18-3-404: Unlawful Sexual Contact, and 18-3-405: Sexual Assault of a Child
What’s Prohibited? The forms of non-consensual sexual assault that are prohibited in Colorado include:
Sexual Assault – Knowingly sexually penetrating (vaginal, oral, or anal sex) or sexually intruding (inserting any object or part of a person’s body into the genital or anal openings if for sexual gratification or abuse
) a victim by any of the following means:
◾The defendant:◾Causes the victim to submit against his or her will
◾Knows the victim submits as erroneously believes the defendant to be his or her spouse
◾Engages in the sexual activity while claiming to offer a medical treatment, but it’s inconsistent with reasonable medical practices
◾The victim is:◾Incapable of understanding the sexual conduct
◾Unconscious, asleep, or otherwise can’t consent and the defendant knows this
◾Under 14 years old and the defendant is at least 4 years old and not his or her spouse
◾15 or 16 years old and the defendant is at least 10 years older and not his or her spouse
◾Detained in a jail, prison, or hospital where the defendant has authority over the victim and uses this authority to coerce the victim into the act
Unlawful Sexual Contact – Knowingly touching the victim’s intimate parts (external genitalia, perineum, anus, butt, pubes, or breasts) or making the victim touch the defendant’s intimate parts, or touching the clothing covering the intimate parts if this contact was for sexual arousal, gratification, or abuse, prohibited in any of the following cases:
◾The victim:◾Doesn’t consent
◾Can’t understand the sexual conduct
◾Is unconscious or asleep and can’t consent
◾Is an inmate at a prison, jail, or hospital where the defendant has authority over him or her and uses that authority to coerce submission
◾The defendant uses date rape drugs to impair the victim
◾The defendant engages in the sexual contact while claiming to offer a medical treatment/exam, but the “exam” is inconsistent with reasonable medical practices
◾Knowingly inducing or coercing a child under 18 years old to expose their intimate parts or to engage in any sexual contact, intrusions, or penetration with another person for the defendant’s sexual gratification, by using any of the same means listed above for Sexual Assault
Sexual Assault of a Child – Knowingly subjecting any victim under 15, if not one’s spouse and at least 4 years older, to any sexual contact
Sexual Assault – Sentences vary based on the violence of the situation and other aggravating or penalty increase factors.
◾Class 2 Felony – 16-48 years in prison, a $5,000 to $1,000,000 fine, and 5 years mandatory parole (doubled from usual 8-24 years as a “crime of violence”◾The defendant was helped by someone
◾The victim suffers serious physical injury
◾The defendant was armed with a deadly weapon
◾The minimum sentence is the midpoint for the presumptive range sentence and the maximum is double the usual maximum. Additionally this sentence will be served consecutively (back-to-back) with any crime of violence conviction.
◾Class 3 Felony – 8-24 years in prison, a $3,000 to $750,000 fine, and 5 years mandatory parole ◾The victim was physical disabled and didn’t consent
◾The defendant:◾Forced the victim by physical force or violence
◾Threatened the victim with imminent death, serious physical injury, extreme pain, or kidnapping of anyone or future retaliation by any of those acts and the victim believe he or she could do that
◾Impairing the victim with a date rape drug
◾Class 4 Felony – Generally, this penalty applies, 4-12 years in prison, a $2,000 to $500,000 fine, and 3 years mandatory parole
◾Class 1 Misdemeanor – If the victim was 15 or 16 and the defendant was 10 years older, but is classified as an “extraordinary risk” crime that has an increased sentencing range of 6 months to 2 years and a fine of $500 to $5,000.
Unlawful Sexual Contact
◾Class 4 Felony – Applies if the defendant compels the victim by use of force, intimidation, or threat, or is done during a fake medical exam, or a child is coerced into exposing their intimate parts
◾Class 1 Misdemeanor – Typical penalty, note it’s also an “extraordinary risk” crime subject to increased sentences
Sexual Assault on a Child -
◾Class 3 Felony – If the defendant uses force, threatens now or in retaliation in the future death, serious physical injury, extreme pain, or kidnapping, or does as part of a pattern of sexual abuse (committing two or more incidents against the same child)
◾Class 4 Felony – Generally the punishment
Child Born from Sexual Assault
If a child is born from the sexual assault or contact, the sex offense convicted parent has no right to being the child’s parent, inheriting from the child, or to notice of adoption or termination of parental rights.
Defenses A marriage license is not a license to rape. It’s not a defense that a defendant was married to the victim when the sexual assault occurred, unless specifically provided for in the statute, for example, to help married couples avoid statutory rape charges.
The above is not the opinion of a lawyer.