Legal consensual Child Molestation in Colorado (imho)

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kshRox
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Posts: 20

Legal consensual Child Molestation in Colorado (imho)

Post by kshRox »

I recently learned that a 25 year old man may sexually violate your 15 year old daughter in Colorado and unless he is some kind of position of authority over your daughter, (teacher, nurse supervising her care, social worker etc) you have absolutely 0 legal recourse.

It breaks down as follows -

15 - 25
16 - 26
17 - 27
18 - legal age of consent

I think the only reason this law has not been challenged or repealed is because parents are not aware.
Does anyone know of an organization, or website that may have information or support for starting a petition to hold irresponsible legislators accountable for the idiotic laws they pass which put our children at risk and beyond the protection of their parents?

Many Thanks,

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FoxMammaWisdom
The Heretic
Posts: 3778
Location: I think and I know things.

Re: Legal consensual Child Molestation in Colorado (imho)

Post by FoxMammaWisdom »

kshRox wrote:I recently learned that a 25 year old man may sexually violate your 15 year old daughter in Colorado and unless he is some kind of position of authority over your daughter, (teacher, nurse supervising her care, social worker etc) you have absolutely 0 legal recourse.

It breaks down as follows -

15 - 25
16 - 26
17 - 27
18 - legal age of consent
Do you have the statutes you can cite for us?
I think the only reason this law has not been challenged or repealed is because parents are not aware.
Does anyone know of an organization, or website that may have information or support for starting a petition to hold irresponsible legislators accountable for the idiotic laws they pass which put our children at risk and beyond the protection of their parents?

Many Thanks,
http://www.parentalrights.org/" onclick="window.open(this.href);return false;

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kshRox
captain of 10
Posts: 20

Re: Legal consensual Child Molestation in Colorado (imho)

Post by kshRox »

Thank you for the reply and the link.
I was informed of this in a conversation with a police officer at my daughters school for an unrelated event.
(we were talking about our kids and some of the odd things they are exposed to).

18-3-402 Sexual Assault

Anyway, this link provides detail concerning the issue -> http://www.ageofconsent.com/colorado.htm

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kshRox
captain of 10
Posts: 20

Re: Legal consensual Child Molestation in Colorado (imho)

Post by kshRox »

JulesGP wrote: Do you have the statutes you can cite for us?
http://www.parentalrights.org/" onclick="window.open(this.href);return false;
18-3-405. Sexual assault on a child.
(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

(2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if: (a) The actor applies force against the victim in order to accomplish or facilitate sexual contact; or (b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or (c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or (d) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time must be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse must have been committed within ten years prior to the offense charged in the information or indictment. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5). (3) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 16-11-309, C.R.S.
18-3-402. Sexual assault.
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on
a victim commits sexual assault if:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated
to cause submission against the victim's will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at
least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than
seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the
victim; or

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has
supervisory or disciplinary authority over the victim and uses this position of authority to coerce the
victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim
for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable
medical practices.
(2) Sexual assault is a class 4 felony, except as provided in subsections (3), (4), and (5) of this section.
(3) Sexual assault is a class 1 misdemeanor if committed under the circumstances of paragraph (e) of
subsection (1) of this section.
(4) Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:
(a) The actor causes submission of the victim through the actual application of physical force or physical
violence; or
(b) The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme
pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability
to execute these threats; or
(c) The actor causes submission of the victim by threatening to retaliate in the future against the victim, or
any other person, and the victim reasonably believes that the actor will execute this threat. As used in this
paragraph (c), "to retaliate" includes threats of kidnapping, death, serious bodily injury, or extreme pain;
or
(d) The actor has substantially impaired the victim's power to appraise or control the victim's conduct by
employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing
submission; or
(e) The victim is physically helpless and the actor knows the victim is physically helpless and the victim
has not consented.
(5) (a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist:
(I) In the commission of the sexual assault, the actor is physically aided or abetted by one or more other
persons; or
(II) The victim suffers serious bodily injury; or
(III) The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a
person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that
the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause
submission of the victim.
(b) (I) If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence
the defendant in accordance with section 18-1-105 (9) (e). A person convicted solely of sexual assault
pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section
16-11-309 (2), C.R.S. Any sentence for a conviction under this subsection (5) shall be consecutive to any
sentence for a conviction for a crime of violence under section 16-11-309, C.R.S.
(II) The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.
(6) Any person convicted of sexual assault committed on or after November 1, 1998, under any of the
circumstances described in this section shall be sentenced in accordance with the provisions of part 8 of
article 13 of title 16, C.R.S.
Last edited by kshRox on December 25th, 2012, 8:57 pm, edited 1 time in total.

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gkearney
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Posts: 5346

Re: Legal consensual Child Molestation in Colorado (imho)

Post by gkearney »

These are known as Romeo and Juliet laws and here in Australia they cover only 2 year age spreads so a 16 year old girl with an 18 year old boy is not a crime for example. This sounds like the idea taken to an extream.

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