Young girl attempt to sexually assaulted by stranger.

Fort Collins Sexual Assault Lawyer

A sexual assault is among the most traumatic and life-altering events someone can experience. The physical and emotional consequences can be devastating, and they can even have financial repercussions if your trauma makes it impossible for you to work. If a sexual assault has turned your life upside-down, you may be eligible to seek justice and compensation from your wrongdoer. A Fort Collins sexual assault lawyer can protect your rights and file your claim.

Since 1977, the compassionate and knowledgeable sexual assault attorneys at The Wilhite Law Firm have been helping survivors reclaim their futures after life-changing incidents. Our team is ready to listen attentively to your story and fight for compensation so you can move forward with dignity. Contact us today for a free consultation with an experienced sexual assault lawyer in Fort Collins, Colorado.

What Acts Are Considered Sexual Assault in Fort Collins?

In Colorado, sexual assault encompasses a wide range of non-consensual sexual acts. These sex crimes include:

  • Unwanted sexual touching or fondling
  • Forced sexual acts or penetration
  • Rape or attempted rape
  • Sexual contact with someone who is incapacitated or unable to consent

Colorado law defines sexual assault as any sexual intrusion or penetration committed against a person’s will or when they’re incapable of giving consent. Such acts can involve the use of physical force or threats or taking advantage of someone who is unconscious or under the influence of drugs or alcohol.

The severity of charges and possible penalties for sexual assault vary based on factors such as the age of the victim, the use of force or weapons, and the offender’s prior criminal history. Convicted offenders may face prison time, fines, and mandatory inclusion on the sex offender registry.

However, your attacker doesn’t have to be convicted or even charged with a crime for you to pursue a personal injury lawsuit. A Fort Collins sexual assault attorney can hold them accountable for their actions through a civil claim.

Does Colorado Have an Age of Consent?

Colorado law establishes the age of consent at 17 years old. Individuals who are 17 or older can legally consent to sexual activity with others of legal age. However, there are important exceptions and nuances to this law:

  • Close-in-age exception – This exception allows consensual sexual activity between a minor who is 15 or 16 and someone less than 10 years older. It also allows consensual activity between a minor under 15 and a person who is less than four years older.
  • Position of trust or authority – It is illegal for a person in a position of trust or authority (e.g., a teacher or coach) to have sexual contact with a minor under 18, regardless of consent.

Can I Sue the Person Who Sexually Assaulted Me for Damages?

You have the right to file a lawsuit in civil court against the person who sexually assaulted you. You may take this action separately from any criminal proceedings. While criminal cases aim to punish the offender, civil lawsuits seek compensation for the harm you have suffered.

In a civil sexual assault case, you may seek compensation for:

  • Medical expenses
  • Therapy and counseling costs
  • Lost wages
  • Pain and suffering
  • Emotional distress

A successful civil lawsuit can help you recover financially and emotionally from the assault and hold the attacker accountable for their actions. An experienced Fort Collins sexual assault lawyer can manage this process, protecting your rights and pursuing the maximum compensation you deserve.

Can a Business Be Held Liable for a Sexual Assault?

A Colorado business can be held liable for sexual assaults that occur on their premises or involve their employees under certain circumstances. This concept is known as premises liability or negligent security. Businesses may be held responsible if:

  • They failed to provide adequate security measures.
  • They neglected to properly screen or supervise employees.
  • They ignored previous complaints or incidents.
  • They created an environment that enabled or encouraged misconduct.

Examples of potentially liable entities include:

  • Hotels and motels
  • Apartment complexes
  • Bars and nightclubs
  • Schools and universities
  • Healthcare facilities

If a business’s negligence contributed to the conditions that allowed a sexual assault to happen, survivors may have grounds for a lawsuit against the company in addition to the individual perpetrator.

Who Has the Burden of Proof for a Sexual Assault?

In criminal cases, the burden of proof falls on the prosecution. They must demonstrate that the defendant is guilty beyond a reasonable doubt.

However, in civil lawsuits, the burden of proof rests with the person filing the lawsuit. The standard of proof is lower than in criminal cases, though. Civil cases typically use the “preponderance of evidence” standard, meaning it’s more likely than not that the defendant is responsible.

To meet this burden, your attorneys must present compelling evidence, which may include:

  • Eyewitness testimony
  • Physical evidence
  • Expert witness testimony
  • Medical records
  • Security camera footage

An experienced sexual assault attorney can help gather and present this evidence effectively to support your case.

Is There a Statute of Limitations for Filing a Sexual Assault Lawsuit in Colorado?

Recent changes to Colorado law eliminated the statute of limitations in most civil claims arising from sexual assault. Assaults that took place on or after January 1, 2022, are no longer subject to a limitations period. However, assaults that took place before that date are still subject to whichever deadlines were in place at the time of the assault. Given the recent changes to the law, it is essential to consult a qualified sexual assault attorney as soon as possible to ensure you maintain your right to seek justice and compensation.

Also, it is worth noting that these rules apply only to civil lawsuits. Criminal charges for sexual assault have different statutes of limitations.

Contact a Fort Collins Sexual Assault Lawyer

Filing a compensation claim after a sexual assault can feel like an intimidating step. But with a team of compassionate and dedicated legal professionals fighting alongside you, you can feel confident that your rights and interests will be protected every step of the way.

The skilled attorneys at The Wilhite Law Firm understand how challenging it can become to manage life after experiencing a sexual assault. We are here to give you the support and advocacy you need and deserve. Don’t delay. Contact our team today to get started with a free consultation to learn more about how we can fight for your future.