Does Colorado have a crime of “sexual battery”?

Colorado does not have a crime called “sexual battery” like some states do. Instead, Colorado has a similar crime called “unlawful sexual contact.” This offense occurs when you either:

• knowingly touch someone’s intimate parts without their consent, or
• knowingly cause someone to touch your intimate parts without their consent, or
• entice a child to expose their intimate parts or to have sex with another person for your sexual gratification.

An example of unlawful sexual contact is intentionally groping someone’s breasts or buttocks against their wishes. What differentiates unlawful sexual contact from sexual assault (“rape”) is that unlawful sexual contact involves no penetration between you and the alleged victim.¹

Penalties for Unlawful Sexual Contact

Although unlawful sexual contact is a less serious crime than rape in Colorado, it can carry significant incarceration depending on the circumstances of the case.²

Unlawful Sexual Contact	Punishment in Colorado
No aggravating circumstances	Class 1 misdemeanor:  Up to 364 days in jail and/or $1,000
The victim submits to the sexual contact by drugging, force, intimidation, or threats	Class 4 felony:  2 to 8 years in prison and/or $2,000 to $500,000
You used, possessed or threatened the use of a deadly weapon; or you caused serious bodily injury or death to any other person (other than an accomplice)	Class 4 felony:  5 years to life in prison

In addition, you must register as a sex offender. You typically can get off the registry after 10 years.³

Fighting Charges of Unlawful Sexual Contact

Here at Colorado Legal Defense Group, I have represented literally thousands of people charged with sex crimes such as unlawful sexual contact. In my experience, the following ten defenses have proven very effective with prosecutors, judges, and juries.

1. No contact was made with your intimate parts or the alleged victim’s intimate parts.
2. Any physical contact was by accident.
3. The alleged victim consented to the sexual contact.
4. You reasonably did not know the alleged victim did not consent, and you reasonably believed their conduct indicated consent.
5. There was a justifiable reason for the physical contact. (An example is that you were babysitting a child who had fallen or was complaining of pain, and you were reasonably checking to see if the child was sick or injured.)
6. The purpose of the touching was not sexual gratification. (An example is that you were having a fistfight, and your hand landed on your opponent’s groin while you were falling.)
7. The purpose for introducing the alleged child victim to the other adult was not sexual gratification.
8. The police coerced your confession.
9. The alleged victim falsely accused you. (This often happens out of anger, revenge, or genuine mistaken identity.)
10. The police had insufficient probable cause to arrest you in the first place.

Typical evidence in these cases includes surveillance video footage, recorded communications (such as text messages), and GPS records. As long as there is any reasonable doubt as to your guilt, no criminal charge can stand.

Resources for Victims of Sex Crimes

• Sexual Assault Reporting Options: Guidelines for Response – handbook by the Colorado Division of Criminal Justice.
• Colorado Coalition Against Sexual Assault (CCASA) – statewide organization that offers support and advocacy for rape victims.
• Victim Compensation – program for financial assistance by the Colorado Division of Criminal Justice.
• RAINN (Rape, Abuse, and Incest National Network) – 24/7 hotline at 1-800-656-HOPE (4673).
• Project Safeguard in Colorado – provides victims non-attorney legal advocacy and attorney services.

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Legal References