Facing sexual assault charges can be overwhelming and frightening. You might be wondering if the victim can drop the charges. Under certain circumstances, sexual assault charges can be dismissed, meaning that the case doesn’t proceed to trial and you are shielded from the consequences of a conviction.
An experienced Lakewood sexual assault defense attorney from The Law Offices of Elaine E. Lukic can offer you sound legal advice. As a former prosecutor of sexual assault cases, I know these cases in and out and how to fight for an early dismissal. If that’s not possible, I will fight tirelessly to protect your rights in court.
What Is Sexual Assault?
Colorado Revised Statutes § 18-3-402 defines various circumstances in which sexual intrusion or penetration rises to the level of sexual assault. This includes when the intrusion or penetration occurs under any of the following circumstances:
- Knowing the victim does not consent
- Knowing the victim is incapable of understanding the nature of the act
- Knowing the victim submitted to the act by mistake, thinking the defendant was their spouse
- Knowing the victim is physically helpless and did not consent
- By purporting to offer a medical service and engaging in treatment or examination for a reason other than a bona fide medical purpose or substantially inconsistent with reasonable medical practices
- While having supervisory or disciplinary authority over a victim in custody of law or detained in a hospital or other institution, using their authority to coerce the act
- When the victim is at least 15 and the defendant is at least 19 and not the victim’s spouse
- When the victim was 15 or 16 and the defendant is at least ten years older than the victim and not their spouse
When Are Sexual Assault Cases Dropped?
Colorado prosecutors take sexual assault and other Lakewood sex crime cases very seriously. They will not usually drop these cases without good reason. Some circumstances that could convince them to drop charges may include:
- Mistaken identity – Your Lakewood defense lawyer may be able to present a strong argument that the alleged victim has mistakenly identified you when someone else committed the act. DNA or other evidence may be able to help establish the basis of this argument.
- Alibi – It may have been impossible for you to commit the crime because you were somewhere else when it happened. Receipts, recordings, witness statements, or cell phone records may be able to help establish your alibi defense.
- False allegations – The prosecutor may find that the alleged witness has made a false sexual assault allegation or inconsistent statements.
- Lack of evidence – Prosecutors must be able to prove your guilt by proof beyond a reasonable doubt. There may be a lack of DNA evidence, credible witness testimony, or other evidence of a crime.
An alleged victim’s desire to drop the charges can sometimes influence the prosecution’s decision, but the prosecutor ultimately has the authority to decide whether to drop them or proceed with the case.
Contact Us Today for Your Confidential Case Review
At The Law Offices of Elaine E. Lukic, we will work hard to get charges dismissed. We can initiate a pre-file investigation to try to help dismiss or reduce criminal charges. If this is not possible, we can defend you throughout the process, working to minimize the charges’ impact on your life and shield you from the harshest consequences. Call The Law Offices of Elaine E. Lukic today to schedule a confidential consultation.