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Sexual Assault

Sexual Assault

What is sexual assault?  

If you or a loved one has been a victim of sexual assault in Colorado, you should know that, in addition to it being a felony punishable by prison in most cases, a victim of sexual assault has a wide variety of civil options that he or she can explore as well.   

In Colorado, sexual assault can be defined a number of ways.  Some of the more common definitions of sexual assault are:

  • Forcible rape; 
  • Having sex with another person who is too intoxicated (alcohol and/or drugs) to knowingly consent to sex; 
  • Child sex assault; or
  • The unwanted touching of a female’s breasts, buttocks, or vagina; or the unwanted touching of a male’s buttocks or penis. 

You should know that these are not the only definitions of sexual assault under the law in Colorado, just some of the more common ones.  Please consult with a skilled Denver personal injury attorney to see if you have a case.  

Who can sue for sexual assault? 

Obviously, the victim of sexual assault can sue, but so can the parent(s) or guardian(s) of that victim.  Also, the spouse of a victim of sexual assault could conceivably sue as well.  

Who can be sued for sexual assault?  

A victim of sexual assault can sue the perpetrator, the perpetrator’s employer or business in some circumstances, and, sometimes, a public facility such as a school or university.  

Because perpetrators of sexual assault often do not have enough financial resources to compensate the victim, a skilled lawyer will explore whether or not there is sufficient evidence to support suing “up the chain” of liability.  This can mean suing the place where the perpetrator works in some instances, or the workplace of the victim, depending on the circumstances.  Oftentimes, they’re one in the same.            

What is the statute of limitations to sue for sexual assault? 

Colorado has a 6-year statute of limitations for filing sexual assault civil cases in district court.  However, if someone has been a victim of child sexual assault, that person has 6 years from the time that they turn 18 to file suit (24-years-old). 

EXAMPLE:  Someone was sexually assaulted when he or she was 12. That person is now 22.  Because the 12-year-old victim was considered a “person under disability” at the time under Colorado law, meaning he/she was under 18, that person can still sue – even though it’s been 10 years since the assault occurred.  

Free and Confidential Consultations

If you or a loved one has been the victim of sexual assault and would like to consult with a Denver personal injury attorney on a FREE and CONFIDENTIAL basis, please call 303-704-1222 or e-mail Marathon Law today.  Any information you give us is protected by attorney-client privilege, even if we don’t accept your case for representation.  

At Marathon Law, you’re not just another number; you’re a person who’s entrusted us with one of the most difficult moments of your life and we take that obligation very seriously.  

Marathon Law: We’ll go the distance – together.  

Sexual Assault