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Can a 20 year old date a 17 year old in Colorado?

1. What is the age of consent in Colorado? The legal age of consent in Colorado is seventeen (17). This means that a person 17 years of age or older may consent to have sexual intercourse with any other person, regardless of age.

shouselaw.com - The ""Age of Consent"" in Colorado - 17 Years in Most Cases

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3 times when sex with someone under 17 is legal in Colorado [2022 UPDATES IN DESCRIPTION]

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17 years of age

In Colorado, the age of consent to have sex legally is seventeen (17) years old. However, there is also a close-in-age exception (Romeo and Juliet law), by which a 15 or 16-year-old may legally consent to sex with someone less than 10 years older, and minors 14 and younger may legally consent to sex with someone less than four years older. Otherwise, having sex with a non-spouse under the age of 17 constitutes the crime of statutory rape. To help you better understand the law, our Denver Colorado criminal defense lawyers discuss, below:

1. What is the age of consent in Colorado?

The legal age of consent in Colorado is seventeen (17).

This means that a person 17 years of age or older may consent to have sexual intercourse with any other person, regardless of age. A 17-year old could choose to engage in sexual intercourse with:

an 18-year old,

a 30-year old, or

a 90-year old.

Once a person reaches the minimum age of 17, consensual sex is permitted with any other person who is also above the age of 17.

1.1 What is the purpose of the Colorado age of consent law?

The purpose of the Colorado consent laws is to:

protect young individuals from sexual predators as well as people in a position of trust; and to deter adults from seeking out sexual intercourse with Colorado’s youth, who may not have the mental health and maturity to make such an important decision about their bodies. Younger children are not generally mature enough to understand the impacts of the decision to have sex, including:

unexpected pregnancy;

social stigma; and

sexually transmitted diseases.

2. Does it matter that the underage person wanted to have sex and consented?

No. Even if the sex is consensual, a person who engages in sexual intercourse with a person under the age of sexual consent is guilty of violating Colorado statutory rape laws even if the other person consented to the sexual acts. Often, criminal defendants will argue that not only did the underage person consent but that he or she offered and initiated the sexual encounter. The fact it was not forcible rape does not matter. If the person is underage, he or she cannot legally consent, even if the underage person does consent.

2.1 What if I did not know the age of the person or the person lied about his or her age?

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Many criminal defendants argue they did not know the age of the person, but this is no defense. This is true even when the person lies about his or her age. Under Colorado law, a defendant’s knowledge or lack of knowledge of the other person’s age does not matter.

3. Are there certain exceptions to the law in Colorado?

Certain exceptions exist to the age of consent laws in Colorado, but they are very specific and limited.

3.1 What is the “close in age” exception?

The close in age exception to the age of consent law recognizes that those who are close in age should not necessarily be charged with sex crimes or sexual abuse due to a legal consent question. This is also referred to as the “Romeo and Juliet” law in Colorado.

A young person who:

is under the age of 15

can choose to have sexual intercourse

with a person who is less than 4 years older.

Example: Claire is a 14-year-old and chooses to have sex with Anthony, who is 17. Although she is below the technical age of consent, Anthony is less than four years older (and therefore within Colorado’s age exemption law), so they can choose to engage in sexual intercourse without violating statutory rape laws. If instead, Anthony was 21, he could be charged criminally, as Claire is too young to consent to have sex with him.

If the person is 15 or 16,

he or she can consent

to engage in sexual intercourse

with a person who is less than 10 years older.

This means that a person who is 16 years old could consent to have sex with someone who is 25 years old because the older person is less than 10 years older than the younger person.

3.2 Is there an exception for married couples in Colorado?

Those individuals who are legally married can consent to sexual intercourse with one another. The marriage must be a legal, valid marriage in order to qualify for this exception. (Colorado does not recognize common law marriage when one of the partners is under 18.) You must be 18 years of age or older to get married in Colorado, with the following exceptions: a 16-year-old can marry with the consent of both parents or the legal guardian; or judicial approval if a person under the age of 16 wishes to be married, along with the consent of both parents or the legal guardian. If a person under the age of consent is legally married, even when the age difference is above 10 years, that person can legally consent to have sex with his or her spouse.

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4. What is statutory rape?

Statutory rape is a term that means that someone had sex with another person who was not old enough to give legal consent. There are six Colorado crimes that may be prosecuted in statutory rape cases depending on the facts: In addition, defendants convicted of any of these sex crimes will have to register on the Colorado Sex Offender Registry.

5. How do I defend myself against these charges?

Colorado judges are aware that there are people who are wrongly accused, and there are legal defenses that can be used to defend you against criminal charges. Age of Consent: You can argue and prove that the individual was actually of age to consent, and did consent to the sexual encounter. You can argue and prove that the individual was actually of age to consent, and did consent to the sexual encounter. No sexual conduct or contact occurred: You can show that no sexual encounter ever occurred between yourself and the alleged “victim.” You can show that no sexual encounter ever occurred between yourself and the alleged “victim.” False Accusations: Not all people accused of a crime by the supposed victim are guilty. Motivation to lie can be strong when a person feels spurned or rejected. There may even be components of revenge after a breakup, or some other reason the other person wants to get at you. Note that honestly believing the child was at least 17 – called mistake of fact – is not a defense. This is because statutory rape is a strict liability crime. For questions about Colorado’s age of consent laws or to confidentially discuss your case with one of our skilled Colorado criminal defense attorneys, do not hesitate to contact us. (For California cases, please see our page on age of consent laws in California). You may also find useful discussion in our article on laws and rules for dating minors in Colorado. We represent clients in and around Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, and several nearby cities. Disclaimer: Results cannot be guaranteed.

Legal References:

shouselaw.com - The ""Age of Consent"" in Colorado - 17 Years in Most Cases

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