Colorado revised their statutes on sex crimes in 2016. In doing so, they recognized certain, but not all, rape by fraud crimes.
Their laws make a critical distinction between sex crimes with or without penetration. The former is “sexual assault.” The later is “sexual contact.” The degree of the crime determines the ultimate penalty, based on the level of violence or other causation.
Colorado also characterizes sex crimes as “Offenses Against the Person,” “Unlawful Sexual Behavior,” and “Unlawful Sexual Conduct.”
Their sexual contact law states:
(1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:
(a) The actor knows that the victim does not consent
We all know that consent is not simply nodding your head and agreeing. It’s “Freely Given, Knowledgeable and Informed Agreement.” Only if Colorado’s law enforcement upholds the right to actual consent, will its laws truly have merit. If they fail to do so, they are simply aiding and abetting sexual predators.
Colorado cherry-picks the type of scams (fraud) they will prosecute, and seems to deny justice to the full range of sexual assault by fraud or deception victims.
Colorado considers it sexual assault if:
- The offender knows the victim submits as {(s)he} erroneously believes the defendant to be his or her spouse
- The defendant engages in the sexual contact while claiming to offer a medical treatment/exam, but the “exam” is inconsistent with reasonable medical practices
It’s abundantly clear Colorado recognizes that scamming a victim for sex is a crime. Yet it fails to apply the same concept to all victims who need justice…. as if only people scammed by their doctors or by a “spouse wannabe” are harmed. This concept is just plain foolish.
Everyone who is scammed by a sexual predator is harmed. The same non-consensual qualities that Colorado punishes, exist in ALL sex scams. Colorado should protect all its residents unilaterally, not pick and chose what specific lies it will punish. Fraud is either a cause of action or not. Fraud either vitiates consent or not. And indeed, fraud vitiates consent.
What can you do to make a difference?
Were you defrauded for sex in Colorado? Report your incident to the police. Report the incident to the SVU Prosecutor. Get to your legislator and make it clear that the laws of Colorado should apply equally to all victims, not just specific ones. You all vote. You all pay taxes. You all deserve fair treatment. Your laws should protect everyone!
If Colorado passed the following language into law, every sexual assault predator could be prosecuted:
Non-consensual sex is sexual assault (or sexual conduct); Consent is Freely Given, Knowledgeable and Informed Agreement. (#FGKIA).
Call your local legislator. Demand they enact the law that will protect you and your loved ones, today!
Read more on why Sexual Assault by Fraud is a crime!