Legally Reviewed by Shazam Kianpour on August 25, 2026
Sexual assault cases require a defense that is customized to answer or call into question the basic points that the prosecution intends to make about the incident. It is necessary for any defendant who is facing these charges to understand how each option might affect their defense.
Most people who are facing a sexual assault charge will opt to use a claim of innocence as their defense strategy. In this case, an alibi or other evidence will need to be presented to support the defendant’s position. This evidence can be something as simple as something that refutes a key component of the prosecution’s case. Claims of mistaken identity could also be used in a defense that is based on total innocence.
Understanding Sexual Assault Charges in Colorado
Colorado defines sexual assault broadly, covering a range of conduct from unwanted sexual contact to more serious degrees of assault, with the specific charge and its penalties depending on factors such as the use of force, the age of the alleged victim, and whether the accused held a position of trust. Because the statute covers so much ground, prosecutors must prove specific elements for the particular charge filed, and a defense strategy has to respond to those elements directly rather than to the allegation in general terms.
Common Defense Strategies in a Sexual Assault Case
Other defense strategies can include claims of innocence based on the fact that the alleged victim consented to the encounter. The suitability of this defense strategy depends largely on the facts present in the case. You have to consider a few questions prior to implementing this defense strategy.
Consent as a Defense
- Was the alleged victim of legal age to consent?
- Was the alleged victim under the influence of mind-altering substances?
- Were there any witnesses who would be willing to vouch for the consent?
Beyond consent, other approaches can include challenging the reliability of forensic evidence, questioning gaps or inconsistencies in witness statements, and examining whether law enforcement followed proper procedure when collecting evidence or conducting interviews.
The Legal Process in a Colorado Sexual Assault Case
A sexual assault case typically moves through an investigation, an arrest or summons, an initial advisement, a preliminary phase where the prosecution’s evidence is reviewed, and either a negotiated resolution or a trial. At each stage, the defense can raise procedural issues, challenge the sufficiency of the evidence, or pursue plea negotiations where appropriate given the specific facts. No two cases follow an identical path, and how a case is charged at the outset can shape which strategies are realistic later.
Statute of Limitations and Timing Issues
Colorado sets different filing deadlines depending on the specific charge and, in many cases, the age of the alleged victim at the time of the offense, and some of the most serious sexual assault charges carry no time limit at all. Because these deadlines vary so much by charge, confirming whether a filing was timely is one of the first things a defense attorney reviews.
Building a Defense That Addresses Every Point in the Case
Building a defense against sexual assault charges isn’t something that can be taken lightly. Instead, you should make sure that you fully understand the options and know which options can address the points necessary in your case. In some instances, you might need to use more than one defense strategy to fully address the prosecution’s claims against you.
Why Legal Representation Matters Early in a Sexual Assault Case
The earliest stages of a sexual assault investigation are often the most consequential. Statements made to police before an attorney is involved, decisions about whether to participate in an interview, and how quickly evidence is gathered can all affect the options available later. Anyone contacted by police in connection with an allegation of this kind benefits from speaking with a criminal defense attorney before answering questions.
Source: FindLaw, “Sexual Assault Defenses,” accessed April 27, 2016
Frequently Asked Questions About Sexual Assault Defenses
What is the most common defense in a Colorado sexual assault case?
Claims of innocence, including alibi evidence and mistaken identity, are common, along with defenses based on consent when the facts support that the encounter was consensual. The strongest approach depends entirely on the specific evidence in the case.
Can more than one defense strategy be used in the same case?
Yes. Many cases involve more than one line of defense, such as challenging the reliability of the evidence while also raising questions about consent or procedure, depending on what the facts support.
Is there a time limit for filing sexual assault charges in Colorado?
It depends on the specific charge and, in many cases, the age of the alleged victim at the time of the offense. Some of the most serious charges carry no filing deadline at all, so this needs to be checked charge by charge.
Should I speak with police before contacting an attorney?
Speaking with a criminal defense attorney before answering questions is generally advisable, since statements made early in an investigation can affect what defenses remain available later.
Does consent have to be proven by the defense or disproven by the prosecution?
The prosecution carries the burden of proving the charged offense, including the absence of consent where that is an element. A consent-based defense presents evidence supporting that the encounter was consensual, which the prosecution must then address.
Shazam Kianpour has defended clients against sexual assault and related charges throughout Colorado, reviewing the specific evidence and procedural history in every case before recommending a strategy. Our firm does not treat any two allegations the same way, because the facts rarely line up the same way twice.
If you are facing a sexual assault allegation, learn more about our Denver criminal defense practice or contact our office to discuss the specific facts of your case.
About the Attorney
Founder, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is a Denver criminal defense attorney who has handled thousands of criminal cases across Colorado, including sex crime matters. He previously served as a Colorado State Public Defender and is a member of the Colorado 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.