Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.
In Colorado, sexual assault is defined under Colorado Revised Statutes Title 18 Criminal Code, Section 18-3-402. It includes any sexual intrusion or sexual penetration committed against a victim's will or without their consent. Consent must be given by someone who has not been coerced and has the capacity to consent, which excludes those who are incapacitated due to drugs, alcohol, or a mental disability. Aggravated sexual assault in Colorado is considered when there are aggravating factors present, such as the use of a deadly weapon, causing serious bodily injury, or if the victim is drugged without their consent. Additionally, if the victim is a child under a certain age, which is typically under 15 years old for sexual assault cases in Colorado, the offense is treated with increased severity. The specific age and circumstances can lead to different charges, such as sexual assault on a child. Penalties for sexual assault in Colorado are severe and can include lengthy prison sentences, mandatory sex offender registration, and other long-term consequences.