Legally Reviewed by Shazam Kianpour on August 25, 2026
Undoubtedly, accusations of rape need to be taken seriously. There has long been criticism of the way rape and sexual assault trials have been tried in that the victim is sometimes made to feel like the one actually on trial.
But though we need to tread carefully in the handling of such cases, wrongful convictions concerning sexual assault do occur, and individuals that are accused of perpetrating a sexual assault have the right to be defended in a court of law. A conviction of a college basketball player illustrates the dangers when society rushes to judgment concerning individuals accused of such crimes.
A black college basketball player was convicted for rape after it was alleged that he groped two females at a party. There was no physical evidence that could be used to convict the player, but the player was nevertheless convicted by a jury made up of 11 whites and one of Asian descent.
It turned out that apparently one of the women mixed up the identity of the accused man with another individual at the party. To make matters even more complicated, the other woman also apparently mixed up the identity of the accused man with still another individual that was attending the party. It is thought that the confusion concerning the identity came about because the accusers were shown a team photo by police that included the accused man prior to the identification ever being made.
Defense attorneys are often face a dilemma when representing individuals accused of such crimes. On the one hand, their duty is to defend their client to the best of their abilities. On the other hand, they must question the accusers in such a manner that is to prevent further traumatizing of the alleged victims.
Such a scenario could happen in Colorado as well. When individuals are accused in such a manner, it requires an extreme balancing act on the part of the criminal defense attorney to prevent an injustice from occurring. Attorneys that are effective will do everything they can within the confines of the law to make sure their client gets a fair trial.
The attorneys for the above basketball player are fighting to get their client a new trial. Even if it is not the norm, misidentifications do occur, and a wrongful conviction must be avoided at all costs.
Source: Huffington Post, “How Justice Was Thwarted in Oklahoma Rape Case of Chicago Hoops Star,” David Protess, September 18, 2012
How Eyewitness Misidentification Happens
Misidentification is one of the most studied problems in the criminal justice system. Memory is not a recording. It is reconstructed each time a witness is asked to recall an event, and that reconstruction can be influenced by stress, poor lighting, the passage of time, and how an identification procedure is conducted. When police show a witness a single photo array or group photo rather than a properly structured lineup, the risk of a mistaken identification can increase.
These risks exist in any jurisdiction, including Colorado. A criminal defense attorney handling a sexual assault case will often examine exactly how an identification was made: what the witness was shown, in what order, and whether officers said or did anything that could have steered the witness toward a particular answer.
How a Mistaken Identity Defense Works in Colorado
A mistaken identity defense does not ask a jury to decide whether the underlying allegation is true. Instead, it challenges whether the prosecution has proven, beyond a reasonable doubt, that the specific person on trial is the person who committed the alleged act. That distinction matters because the burden of proof always stays with the prosecution.
Building this kind of defense typically involves reviewing how any identification was conducted, gathering alibi evidence where it exists, and consulting experts on memory and eyewitness reliability when appropriate. A defense attorney can also cross-examine the identification process itself, including whether a witness was shown suggestive materials, such as a single photo, before making an identification.
Why Every Accused Person Has the Right to a Defense
The seriousness of a sexual assault allegation does not change the constitutional guarantee that every accused person is entitled to a defense and a fair trial. Defense attorneys carry the responsibility of testing the prosecution’s evidence, including any identification testimony, while remaining mindful of how sensitive these cases are for everyone involved.
If you or someone you know has been accused of a sex crime in Colorado and identity is in question, contact our team to discuss the case and how an identification was handled.
Frequently Asked Questions About Misidentification in Sexual Assault Cases
What is a mistaken identity defense?
A mistaken identity defense argues that the prosecution has not proven the accused person is actually the individual who committed the alleged act. It focuses on the reliability of identification evidence rather than disputing that an event occurred.
Why do eyewitnesses sometimes misidentify a suspect?
Memory can be affected by stress, lighting, distance, the passage of time, and how police conduct an identification procedure. Suggestive procedures, such as showing a witness a single photo instead of a proper lineup, can increase the risk of a mistaken identification.
Does a mistaken identity defense mean the crime did not happen?
No. This defense focuses specifically on whether the accused person is the correct individual, not on whether an underlying event occurred. It challenges the identification evidence rather than the broader facts of the case.
Who has the burden of proof in a Colorado criminal case?
The prosecution always carries the burden of proving every element of a charge beyond a reasonable doubt, including that the person on trial is the person who committed the alleged act. The defense is not required to prove innocence.
What should someone do if they believe they were wrongly identified?
Speaking with a criminal defense attorney as soon as possible is important, since evidence such as alibi witnesses, location records, or details about how the identification was conducted can be time sensitive.
About the Attorney
Founding Attorney, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is the founding attorney of Shazam Kianpour & Associates, P.C., where he has handled thousands of criminal and traffic cases throughout the Denver area, including DUI, assault, domestic violence, and sex crime defense. He is a member of the Colorado Bar Association, the Denver Bar Association, and the Colorado Criminal Defense Bar.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.