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Legal Information: Colorado

Restraining Orders

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October 13, 2023

What is the legal definition of sexual assault?

For the purposes of getting a protection order, “sexual assault” or “sexual abuse” means any act, attempted act, or threatened act of unlawful sexual behavior, which is defined as:

  1. committing any of the following crimes; or
  2. a criminal attempt, conspiracy, or solicitation to commit any of the following crimes:

Note: Included in the definition of sexual assault is what is commonly known as “statutory rape” where the sexual act is consensual, the parties are not married, and the victim is:

  • under 15 and the offender is at least four years older than the victim; or
  • under 17 and the offender is at least 10 years older than the victim.2

Exception: if the couple is married to each other, and the sexual act is consensual, it does not qualify as statutory rape.3

1 Colo. Rev. Stat. §§ 13-14-101(2.9); 16-11.7-102(3)
2 Colo. Rev. Stat. § 18-3-402(1)(d)-(e)