The age of consent is the age at which someone is legally considered old enough to make their own decisions about sex. It’s a really important legal benchmark.
In Colorado, the age of consent is 17. This article will explore the details of the Colorado age of consent laws, including the legal definition of consent, any exceptions, and the penalties for violating the law.
Colorado has what are often called “Romeo and Juliet” laws that allow for some consensual sexual activity between people close in age. It’s also important to understand what the law considers “consent.”
The age of consent in Colorado: defining the legal landscape
In Colorado, the age of consent is 17. If you engage in sexual activity with someone who is under 17, you could be charged with statutory rape or sexual abuse.
Even if the younger person is the one who initiates the activity or is an active participant, their consent isn’t considered valid under Colorado law. In addition, it isn’t a valid legal defense if the minor tells you they’re older than they really are.
Understanding Consent
In Colorado, consent means that both people freely agree, as indicated by their words or actions, to engage in sexual intercourse or sexual contact.
- Silence or a lack of resistance isn’t considered consent.
- Consent has to be affirmative, meaning both parties actively agree, and it has to be given freely.
- Either person can change their mind at any time during a sexual encounter.
“Romeo and Juliet” Laws: Exceptions to the Age of Consent
Like many states, Colorado has what are sometimes called “Romeo and Juliet” laws. These laws acknowledge that sex between two minors who are close in age may not warrant the same legal action as statutory rape between an adult and a minor.
Close-in-age exemptions
Colorado law says that if two minors are close in age, the older one may not be charged with statutory rape if:
- Both are under age 14, and they are less than four years apart in age
- One is age 14 or older but under 18, and they are less than ten years apart in age
Limitations and considerations
If the act was consensual and the two people fall within the guidelines, the state may not prosecute. But it’s important to know that these exemptions are interpreted narrowly.
If there are specific age or relationship factors involved — for instance, if one person is a teacher or coach — that can affect the severity of the charges. In those cases, a “Romeo and Juliet” defense may not be enough to keep the older person from being charged with a crime. Even if the age difference is within the guidelines, other factors could still lead to prosecution.
Consequences of violating Colorado’s age of consent laws
Colorado law considers any sexual activity with a person under the age of 17 to be statutory rape or sexual abuse, regardless of whether the underage person verbally agrees to the activity. The only exception is in cases that qualify as “Romeo and Juliet” scenarios, where both people are close in age. Without that valid consent, the activity is considered sexual assault under Colorado law.
The severity of the charges and penalties will depend on the age difference between the people involved and whether force was used.
Penalties and legal ramifications
Colorado statutes specify a range of penalties depending on the nature of the act and the ages of the people involved. Depending on the circumstances, the charges could be a Class 4, 6, 3, or 2 felony, which comes with prison sentences ranging from 2 to 6 years up to 8 to 24 years.
The charges can be more severe if there are aggravating circumstances, such as the use of force, the physical helplessness of the victim, or drug-facilitated sexual assault. People convicted of violating Colorado’s age of consent laws can face either felony or misdemeanor charges.
Understanding Consent: Freely Given and Affirmative
It’s super important to understand what Colorado law means by “consent.” It’s not just about someone not saying “no.” It means they’re enthusiastically and willingly agreeing to engage in sexual activity.
Colorado law requires “affirmative consent.” That means someone uses “words or overt actions” to clearly show they want to participate.
Silence or a lack of resistance is not consent. Verbal agreement is often needed to make it clear someone is consenting.
And remember, anyone can change their mind at any time. Consent can be withdrawn, even if things have already started.
Conclusion
If you’re facing charges related to Colorado’s age of consent laws, it’s crucial to seek legal counsel immediately. Conversely, if you’ve experienced sexual assault, know that legal resources are available to support you.
As this article shows, Colorado’s age of consent laws, including the “Romeo and Juliet” exceptions, can be complex. Understanding these nuances is essential, whether you’re facing allegations or seeking justice as a survivor.
If you’re in the Denver area and need legal assistance, consider reaching out to Gerash Steiner Blanton, P.C. They can provide guidance and representation in these sensitive matters.