When someone faces a sex crime charge in Colorado, one of the most talked-about parts of the case is consent. Consent isn’t just a word people throw around. It’s a legal idea that can change everything about what happens next. Consent means one person gave permission for something to happen. If someone didn’t give permission, the law says that act could be a crime. So in sex crime cases, the biggest question the court looks at is: Did both people agree to what happened?
What the Law Says About Consent
In Colorado, the law explains consent in very clear terms. If someone agrees to sexual activity on their own, with a clear mind and without force or fear, that counts as consent. But there are times when the law says someone cannot give true consent. This includes when someone is under the legal age, or when they are asleep, drunk, high, or mentally unable to make choices. Even if someone says “yes,” if they were not in a place to make that decision, the law might say it didn’t count.
When Consent Is Disputed
Lots of sex crime cases come down to one thing. One person says they agreed to what happened. The other says they didn’t. That’s where things get very hard. It becomes a matter of one person’s word against another’s. In these cases, the police and courts look at many signs—texts, photos, video, witness accounts—to figure out what really happened. Even body language or actions before and after the event can matter.
Why Saying No Isn’t the Only Way
Some people think that if someone didn’t say the word “no,” then they must have said “yes.” That’s not how the law sees it. Silence does not mean consent. Freezing up, not speaking, or feeling scared can mean the person was not able to speak or act. Consent must be clear, and it must be ongoing. Just because someone said “yes” before, that doesn’t mean it still means “yes” later. Anyone can stop at any time.
Alcohol, Drugs, and Consent
One of the biggest issues in these cases is when drinking or drug use is involved. If someone is too drunk or high to think clearly or make choices, then legally, they can’t give consent. Even if someone goes along with something, if they were too out of it to understand what they were doing, that’s a problem in the eyes of the law.
How the Law Looks at Minors
In Colorado, people under 17 cannot legally give consent to sex with an adult. This is true even if the younger person says they agreed. The law says they are too young to fully understand the choice they’re making. There are also special rules when both people are close in age. But once someone is over 18 and the other person is not, that’s where charges often come into play.
What Happens in Court
When someone is charged with a sex crime, both sides will often argue about consent. One side says it was given. The other says it wasn’t. A jury may have to decide. The job of the defense is to show that the accused believed the other person agreed. The state’s job is to prove that there was no consent, or that the person charged should have known there wasn’t.
This is why it’s so important to have help from someone who knows the law, someone who can guide you through this tough process.
What You Can Do if You’re Facing a Charge
If you’re accused of a sex crime and you believe it was consensual, you may feel scared, confused, or even angry. You’re not alone. These cases are serious and can change your life. But they’re also complex, and the facts matter. The law is not always easy to understand. What you say and do right now can affect your future.
How Police Investigate Consent Claims
When police get a report about a sex crime, they begin collecting evidence right away. This includes talking to both people, taking pictures, saving texts, and even looking at what people posted on social media. If someone says they didn’t give consent, the police will look at how the two people knew each other, what they were doing before the event, and whether there are any witnesses who saw or heard anything.
Police also try to find out if anyone was drinking or using drugs. They ask if the person felt forced, scared, or confused. All of these details help them decide whether to send the case to the district attorney to press charges.
Your Side of the Story Matters
Sometimes, the person facing the charge didn’t mean to break the law. Maybe they believed the other person was saying yes. Maybe they didn’t realize the other person had been drinking too much. These cases are hard because feelings, words, and actions can be seen in different ways. That’s why telling your side of the story is important—but only with the right legal help. What you say to police or others can be used against you. You don’t want to make a mistake that harms your case.
How a Jury Sees Consent
If your case goes to trial, the jury must decide if there was consent. The judge will tell them to look at whether it was given freely, clearly, and with a sound mind. They will ask if you reasonably believed the other person was saying yes. They’ll look at the words used, what both people did, and whether anything suggested pressure or fear. The jury is told to consider everything—not just what happened, but how it happened and how both people acted before and after.
Being Charged Doesn’t Mean You’re Guilty
In Colorado, being charged with a sex crime can feel like your world is falling apart. You may lose your job, your friends may not look at you the same, and you may feel ashamed—even if you believe you did nothing wrong. But being charged does not mean you are guilty. The state still has to prove, beyond a doubt, that there was no consent or that you should have known consent was missing.
This is where strong legal support can make a real difference. A skilled lawyer can bring out facts the police might have missed. They can question witnesses, show what really happened, and point out the gaps in the other side’s story.
Get Help Right Away
If you or someone you love is facing charges like this, you need someone who will stand by you, help you understand your rights, and fight for your side of the story. Don’t wait to get answers. Don’t talk to the police alone. Let someone who understands Colorado law help guide you through every step.
Talk to Hebets & McCallin P.C.
At Hebets & McCallin P.C., we understand how much is at stake. We’ve helped many people just like you. You deserve a chance to be heard and to have someone in your corner who can help make sense of it all. Call us today. Let’s talk. Let’s make a plan. You don’t have to face this alone.