“Statutory Rape” in Colorado – Laws, Penalties, Defenses

In Colorado, statutory rape is engaging in sexual penetration with a person under 17 years old – the state’s age of consent. Statutory rape is prosecuted as sexual assault (C.R.S. 18-3-402) even if the minor willingly participates in (or even initiates) the sexual activity.

However, Colorado has a Romeo and Juliet law that permits penetrative sex with someone under 17 years old if either:

1. the minor is 15 or 16, and you are less than 10 years older, or
2. the minor is 14, and you are less than 4 years older.

Lawfully married 16-year-olds can also consent to sex with their spouse, no matter the age difference.

Otherwise, statutory rape is a felony requiring sex offender registration in addition to hefty prison terms and fines, as the following table shows:

However, there are ways to fight statutory rape charges. Prosecutors understand that alleged victims sometimes lie, and often there is insufficient evidence to prove any sex took place.

In this article, our Denver, Colorado criminal defense lawyers will address the following key topics regarding statutory rape in Colorado law:

• 1. Elements
• 2. Romeo and Juliet Law
• 3. Sex Offender Registration
• 4. Juvenile Defendants
• 5. Defenses
• 6. Mandatory Reporters
• 7. Five Steps to Take If You Are Accused of Statutory Rape
• 8. Five Stages of a Statutory Rape Case
• 9. Five Reasons to Hire an Attorney
• 10. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements

For you to be convicted of statutory rape, which is prosecuted as sexual assault in Colorado, prosecutors have to prove beyond a reasonable doubt the following elements of the crime:

1. You had sexual penetration, however slight, such as:
   • Sexual intercourse (vaginal sex), or
   • Anal sex, or
   • Oral sex (fellatio, cunnilingus, anilingus), or
   • Inserting fingers or objects into orifices (“sexual intrusion”); and
2. The other person was under 17 years old (Colorado’s age of consent).

Do not be confused if your paperwork alleges “sexual assault” even if the encounter was consensual in the ordinary sense. In Colorado, a minor below the age of consent cannot lawfully agree to sex, so the case is prosecuted as sexual assault regardless of the lack of force or violence.¹

As discussed below, there are narrow Romeo and Juliet exceptions that permit sex with minors under the age of consent.

Colorado’s “Romeo & Juliet” law allows minors under 17 to consent to sex with their spouses or people close in age.

2. Romeo and Juliet Law

Under Colorado’s Romeo and Juliet law, you may lawfully have sex with a minor under the age of consent (17) if either:

• the minor is 14, and you are less than 4 years older; or
• the minor is 15 or 16, and you are less than 10 years older.

So for example, a 14-year-old can have sex with a 17-year-old, and a 16-year-old can have sex with a 25-year-old.

The reason this “close-in-age exemption” exists is that it is normal and healthy for young adults to explore their sexuality with their peers. Though when there is an alarming age gap, sex becomes presumably exploitive and abusive.

Note that the close-in-age exception does not apply if the adult is in a “position of trust” over the minor, such as an educator, medical provider, babysitter, or guardian.²

Marriage Exception

Married people may lawfully consent to have sex with their spouses. Their ages do not matter.³

In Colorado, you need to be 18 to get married. Though 16- and 17-year-olds can apply for judicial approval to get married.

Therefore, 16-year-olds who are lawfully married can consent to sex with their spouse, no matter the age difference.³

3. Sex Offender Registration

If you are convicted of felony sexual assault in Colorado, 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:

• Name,
• Date of birth,
• Address,
• Place of employment,
• Fingerprints,
• Photograph,
• Email addresses, and
• Instant messaging or chat room identities.

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 sexual assault as a class 6 felony, you may be able to petition for removal from the registry 10 years after the case ends.⁴

4. Juvenile Defendants

Defendants under 18 years old accused of statutory rape in Colorado would be prosecuted in juvenile court rather than criminal court. Whereas criminal court favors punishment, juvenile court concentrates more on rehabilitation.

Depending on the case, juvenile defendants may face such penalties as:

• detention in juvenile hall,
• probation,
• fines,
• community service, and
• counseling.⁵

Colorado statutory rape is a felony.

5. Defenses

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 C.R.S. 18-3-402 charges reduced or dismissed:

1. No sexual penetration or intrusion occurred: Perhaps any touching was accidental or never progressed beyond groping (which is the separate offense of unlawful sexual contact); and/or
2. You were falsely accused: Perhaps the minor is angry at you and is trying to get you into trouble.

Common evidence in these cases includes:

• Rape kits and DNA tests,
• Recorded communications (such as text messages and voicemails), and
• Expert testimony from doctors, psychologists, forensic science technicians, and private investigators.

There are rarely video recordings or eyewitness accounts. This could make it difficult for the prosecutor to prove guilt beyond a reasonable doubt.

Sometimes the evidence consists of only “he said/she said” testimony. In these cases, we focus on attacking the accusers’ credibility, highlighting inconsistencies in their statements, and uncovering their motivations to falsely accuse you.

We can even call on forensic experts to advance alternative reasons to explain any signs of physical contact between you and the alleged victim. There are many non-sexual scenarios that can cause your DNA to be transferred onto someone else.

Defenses That Do Not Work

Often clients will say, “But they consented!” However, verbal consent is not a defense to statutory rape. Nor does it 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 also 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.

A common defense to statutory rape charges is false accusations.

6. Mandatory Reporters

Certain Colorado 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:

• doctors,
• nurses,
• dentists,
• teachers,
• counselors,
• social workers,
• police,
• child care workers,
• judges,
• victim advocates,
• clergy members, and
• state employees who work with children.

Mandatory reporters who orally report suspected abuse must promptly follow it up with a written report. (This creates a paper trail that defense attorneys can later examine.) The county Department of Social Services must then send a copy to the local police and D.A.’s office.

Once a report is filed, the clock starts for the county Department of Social Services. They generally have 60 days from the receipt of the report to complete their assessment and report confirmed findings to the state department.

For parents and accused individuals, this 60-day window is a critical period where the investigation is active, even if you have not heard immediate news. Additionally, be aware that medical professionals are often the primary source of these reports; they are mandated to alert authorities if they discover evidence of sexual activity—such as pregnancy or sexually transmitted infections—in a patient under the age of consent, regardless of whether the activity was ‘consensual’ in the eyes of the teenagers.⁶

Clergy as Mandatory Reporters

Under Colorado law, members of the clergy are generally mandatory reporters of suspected child abuse or sexual assault on a minor. This means that if a priest, pastor, rabbi, imam, or similar religious leader has reasonable cause to know or suspect that a child is being sexually abused, they usually must make a report to law enforcement or child protective services.

However, there is a narrow exception for information learned through a privileged spiritual communication — such as a confidential religious confession — that is protected by the clergy-penitent privilege.

If the disclosure happens outside a confidential confession — for example, during youth counseling, church activities, or casual conversation — the clergy member is typically required to report it. Because the line between “confession” and ordinary counseling can be unclear, many religious leaders err on the side of reporting to protect the child.⁷

Mandatory reporters are obligated to report suspected statutory rape.

7. Five Steps to Take If You Are Accused of Statutory Rape

Being investigated for any sex crime is terrifying. If someone is alleging you committed statutory rape in Colorado, follow these five steps.

1. Stay silent. Do not say a word to any police officers, detectives, or prosecutors. They will twist anything you say against you.
2. Lawyer up. Once you have legal representation, the police and prosecutors have to go through them and not contact you directly. Plus, having an attorney shows the D.A. you are serious about defending yourself.
3. Go no-contact with the accuser. Even if they are reaching out to you, avoid any communication with the person accusing you and anyone in their circle. Anything you say to them can be used against you.
4. Compile evidence. Give your attorney all the applicable text messages, DMs, emails, voicemails, etc. between you and your accuser.
5. Stay calm. An allegation is not a conviction. As the #MeToo era recedes into history, prosecutors are becoming more discerning about accusations. Trust that your attorney is fighting for the best resolution possible.

8. Five Stages of a Statutory Rape Case

Every Colorado sex crime case is different, but most progress through these five stages.

1. You are reported to authorities by the alleged victim or their parents or teachers. Sometimes the report is made by a jealous ex or another person who wants to get you into trouble.
2. The police and investigators look into the case, often by reviewing electronic communications, interviewing any witnesses, and reaching out to you. (You should never speak to police and instead have your attorney speak for you.)
3. If law enforcement believes there is probable cause you committed a crime, they will pass the case on to the D.A.’s Office. If prosecutors decide to bring the case, you will be arrested and arraigned. Most judges will let you bail out pending the outcome of your case.
4. During the pretrial process, your attorney will prepare for trial while simultaneously negotiating with prosecutors to lessen or drop your charges.
5. If the rare event the D.A. refuses to settle the case with a plea bargain, your case proceeds to trial.

Very few statutory rape cases reach trial.

9. Five Reasons to Hire an Attorney

If at all possible, anyone charged with a Colorado sex crime should retain legal counsel as soon as possible for five reasons.

1. Lawyers talk to the detectives and prosecutors on your behalf, all the while safeguarding your rights and ensuring you are receiving due process.
2. Lawyers do an intensive investigation of your case in search of all the helpful (“exculpatory”) evidence that shows you are not guilty; meanwhile, they pore over all the state’s evidence in search of inaccuracies and inconsistencies that weaken the D.A.’s case.
3. Lawyers take care of all the motion writing, court filings, and judicial hearings so you do not have to.
4. Lawyers know how to negotiate effectively with prosecutors in pursuit of a charge reduction or dismissal.
5. Most cases settle, but if necessary, lawyers are ready to take your case to trial and fight for a not guilty verdict.

If you are thinking of relying on a public defender, remember that they are overworked and understaffed. They simply cannot give each case the time and attention required to reach the best possible resolution. If you have the means, always hire an experienced private practitioner.

10. Related Offenses

• Sexual assault on a child (C.R.S. 18-3-405) – Fondling a child under 15 (or causing the child to fondle you), and you are at least four years older than the child.
• Sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3) – A person responsible for a minor’s health, education, welfare, or supervision having sexual contact with the child.
• Internet exploitation of a child (C.R.S. 18-3-405.4) – Using the internet or other online media to expose your intimate parts to a child or to observe the child touching their intimate body parts.
• Incest (C.R.S. 18-6-301) – Sexual assault or sexual contact with your own child or a blood relative, or sex or marriage with a step-child or child by adoption – even if you are both adults.

Unless a Romeo and Juliet law applies, sex with someone under the age of consent is a crime.

Frequently Asked Questions

What is the Romeo and Juliet law in Colorado?

Colorado’s Romeo and Juliet law allows some exceptions to the age of consent.

If the minor is 15 or 16 and you are less than 10 years older, it is lawful. If the minor is 14 and you are less than four years older, it is also legal.

Additionally, married couples can lawfully have sex regardless of age. These exceptions only apply to consensual sex and do not protect adults in positions of trust like teachers or coaches.

What happens if a minor lies about their age?

You can still be convicted of statutory rape (sexual assault) even if the minor lied about being old enough to consent. Colorado law does not recognize “mistake of age” as a defense. What matters is the minor’s actual age at the time, not what they claimed or how old they appeared to be.

Do I have to register as a sex offender if convicted?

Yes, if you are convicted of statutory rape (sexual assault) in Colorado, you must register as a sex offender. Your information becomes publicly searchable on Colorado’s Sex Offender Registry.

You must register annually within five days of your birthday and report any address changes. For some class 6 felony convictions, you may petition for removal after 10 years.

What should I do if I am accused of statutory rape?

Stay silent and do not speak to police without an attorney present. Hire a lawyer immediately to protect your rights.

Avoid all contact with your accuser, even if they reach out to you. Gather all relevant evidence like text messages or emails and give them to your attorney.

Remember that an accusation is not a conviction, and your attorney will work to get the best possible outcome.

What if there was no sexual penetration?

You could then face Colorado charges for unlawful sexual contact (C.R.S. 18-3-404). This crime comprises the knowing touching of a person’s intimate parts – or the clothing covering them – for the purpose of sexual arousal, gratification, or abuse. Examples include groping or heavy petting over clothes. Unlawful sexual contact can be a misdemeanor or felony depending on the case.

If the minor was under 15, you could instead face Colorado charges for sexual assault on a child (C.R.S. 18-3-405). Despite the name of the crime, “sexual assault on a child” comprises non-penetrative sexual acts. This is prosecuted as a class 4 felony carrying two to six years in prison and $2,000 to $500,000.

Does the Romeo & Juliet law apply if I am in a “position of trust”?

No. Being in a position of trust typically nullifies the close-in-age defense. Even if the age gap is small enough that the relationship would otherwise be lawful (or a lesser misdemeanor), the existence of the trusted status overrides these exceptions, mandating felony prosecution.

This category of being in a position of trust includes authority figures like teachers, coaches, step-parents, or even neighbors who have assumed a supervisory role.

If the child is under 15, or if the act is part of a “pattern of sexual abuse,” sexual assault by one in a position of trust is elevated to a class 3 felony under C.R.S. 18-3-405.3. This carries four to 12 years in prison and/or $3,000 to $750,000 plus 20 years to life of Sex Offender Intensive Supervision Probation. If there were threats, force or bodily injury, the prison sentence is 10 years to life in prison.

Additional Resources

For more information, refer to the following:

• National Sexual Assault Hotline: Confidential 24/7 Support – Help and guidance by the Rape, Abuse & Incest National Network (RAINN).
• What is statutory rape? – Article provided by WomensLaw.org.
• What is statutory rape? – Summary provided by AgeofConsent.net.
• Constitutionality of Statutory Rape Laws – Scholarly article in UCLA Law Review.
• Statutory Rape: A Guide to State Laws and Reporting Requirements – Overview by the Office of the Assistant Secretary for Planning and Evaluation (ASPE).

See our related articles about the statute of limitations for sexual assault in Colorado and laws and rules for dating minors in Colorado.

Legal References