In Colorado, statutory rape is engaging in sexual penetration with a person under the age of consent of 17 years old. Statutory rape is prosecuted as sexual assault even if the minor willingly participates in (or even initiates) the sexual activity.
There are only three exceptions where it is lawful to have sex with someone under 17:
Statutory rape is a felony that requires sex offender registration in addition to hefty prison terms and fines. This chart illustrates the penalties:
Statutory Rape in Colorado
Criminal Sentence
In this article, our Denver, Colorado criminal defense lawyers answer these frequently asked questions:
Depending on the age difference, having sex with someone underage can lead to criminal charges.
The age of consent under Colorado law is 17 years of age. People under 17 cannot lawfully consent to have sex. Though there are some exceptions under state criminal law (explained below in section 3). 1
For you to be convicted of statutory rape in Colorado, prosecutors have to prove beyond a reasonable doubt the following elements of the crime:
Under Colorado state law, statutory rape is prosecuted as a type of sexual assault. It makes no difference if the sex itself was consensual. 2
In many cases, the underage person never reports the incident. Instead, the child’s parents, teachers, or jealous exes often notify the authorities.
Yes. There are two exceptions to the age of consent law in Colorado:
These Romeo and Juliet laws apply only to consensual sex. There is no close-in-age or marriage exception to forcible rape.
Children under 15 may lawfully consent to sex if you are less than four years older. For example, a 14-year-old can have sex with a 17-year-old.
Meanwhile, children aged 15 or 16 may lawfully consent to sex if you are less than 10 years older. For example, a 16-year-old could consent to have sex with a 25-year-old.
Married people may lawfully consent to have sex with their spouses. Their ages do not matter. 3
Colorado’s “Romeo & Juliet” law allows minors under 17 to consent to sex with their spouses or people close in age.
You can still be convicted of statutory rape in Colorado even if the minor lied about being old enough to consent. All that matters is the minor’s actual age at the time of your sexual activity.
The sentence for statutory rape depends on the age of the victim.
Statutory rape is a class 4 felony if:
The penalty for a class 4 felony is two to six years in Colorado State Prison and/or fines of $2,000 to $500,000.
Statutory rape is a class 6 felony if:
Penalties for a class 6 felony include one year to 18 months in prison and/or fines from $1,000 to $100,000. 4
If you are convicted of felony sexual assault, you must register as a sex offender. Your name would be publicly searchable on the Colorado Bureau of Investigation’s Sex Offender Registry.
As a sexual offender, you have to register with the local chief of police or county sheriff. This includes providing your:
You must re-register every year within five days of your birthday. You also have to re-register if you move or start work at an institution of higher education.
Sexual assault convictions also subject you to lifetime supervision. Though if you are convicted of a statutory rape sexual assault as a class 6 felony, you may be able to petition for removal from the registry 10 years after the case ends. 5
Colorado statutory rape is a felony.
Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes like statutory rape. In our experience, the following two defenses have proven very effective with judges, juries, and prosecutors at getting these charges reduced or dismissed:
In most cases we see, the evidence in these cases typically comes down to “he said/she said” testimony. There are rarely video recordings or eyewitness accounts. This could make it difficult for the prosecutor to prove guilt beyond a reasonable doubt.
Typical evidence in these cases includes:
Often clients will say, “But they consented!” However, verbal consent is not a defense to statutory rape. It does not matter if the minor instigated the sexual activity. Underage people may not lawfully consent to sexual contact.
Another scenario we see all the time is that the minor lied about being at least 17. However, a “mistake of age” (a type of “mistake of fact”) is also not a defense: It makes no difference if the minor looked like an adult. Statutory rape is a strict liability crime and can be sustained even if you believed the other person was of age.
Certain professionals called “mandatory reporters” are required to immediately inform the county Department of Social Services or local law enforcement agency of suspected child abuse, which includes statutory rape. Examples of mandatory reporters include:
Pregnancy and STDs are the most common signs that a minor under the age of consent has engaged in sexual activity.
Mandatory reporters who orally report suspected abuse must follow it up with a written report. The county Department of Social Services must then send a copy to the local police and D.A.’s office. If the report is confirmed as true, the county Department of Social Services has 60 days to submit a report to the state Department of Social Services. 6
For more information, refer to the following:
