Facing allegations of a sex offense is a deeply distressing experience, often complicated by widespread myths and misinformation. Misunderstandings about how these charges work can lead to unnecessary fear or missed opportunities to build a strong defense. In this article, we’ll break down some of the key areas where people get things wrong.
Keep reading to learn about:
- Why sex offense charges aren’t always harder to defend than other crimes.
- How myths about physical evidence and intoxication influence perceptions.
- The truth about sex offender registration and record sealing in Colorado.
Myth #1: Most Sexual Assaults Are Committed By Strangers
No, most cases of sexual assault do not involve strangers. Instead, they typically occur between people who know each other, such as friends, acquaintances, or family members. This is especially true in cases involving allegations of sexual assault on a child or marital rape.
The idea of “stranger rape” is a common misconception, but it is relatively rare compared to the cases that typically arise in these situations. Understanding this reality can be important for those facing allegations or trying to make sense of such cases.
Myth #2: You Cannot Be Convicted Of A Sex Crime In Colorado Without Physical Evidence
Yes, it is absolutely possible to be convicted of a sex crime in Colorado without physical evidence. While it might seem surprising, many cases proceed based solely on testimony, particularly if a jury believes the prosecution has proven their case beyond a reasonable doubt.
This can happen in situations where there is no surveillance, DNA, or eyewitness testimony. For example, in late outcry cases—where an alleged victim reports the incident days, months, or even years after it occurred—there is often no opportunity to collect forensic evidence. These cases frequently boil down to one person’s word against another’s, relying heavily on the jury’s perception of credibility.
In such cases, cross-examining the accuser is often the most critical part of the trial. Here, an experienced defense attorney is essential, as skilled cross-examination can highlight inconsistencies, challenge the narrative, and ensure the jury carefully considers the evidence—or lack thereof—before reaching a verdict.
Myth #3: If Both Parties Are Intoxicated, The Male Is Always At Fault
It is not true that the male is always at fault when both parties are intoxicated. However, it is more common for accusations to be brought against men in these situations.
Societal norms and biases can influence how these cases are handled, and it is rare for men to accuse women of sexual offenses. As a result, prosecutors are often more likely to believe a female accuser and attribute fault to the male, even when both individuals were intoxicated.
The outcomes of jury trials in these cases also tend to vary. While the stakes are high, juries are capable of making fair decisions when the evidence is presented effectively – and the goal is always to help the jury evaluate the case objectively, free from stereotypes or societal biases. By clearly presenting the facts, crafting strong arguments, and providing full context, it is possible to counteract assumptions about guilt based on gender.
Myth #4: Not All Sex Crime Convictions Result In Sex Offender Registration
In Colorado, a conviction for a sex crime will always result in an obligation to register as a sex offender. However, the length of time and frequency of registration depend on the specific charge and conviction.
There are also situations where someone may have to register even if the conviction is not technically for a sex crime. For example, if a person pleads guilty to an assault charge with a sexual factual basis, or if a jury determines there was a sexual factual basis for the offense, registration as a sex offender may still be required.
Myth #5: Sex Offender Registration Records Are Not Public After The Registration Period Ends
Even if the required period of registration is relatively short, a history of sex offender registration will likely remain accessible in the future.
First, it’s important to understand that registration does not automatically end once the required period is over. In Colorado, you must petition the court to deregister, and this process requires judicial approval. Until that happens, the obligation to register remains in effect.
Second, even after successfully deregistering, a record showing that you were once required to register as a sex offender will still exist. This information cannot be entirely erased or removed from public or legal records. While you can stop actively registering, the fact that you were once obligated to do so remains part of your history.
Myth #6: Sex Offense Charges Are Harder To Defend Against Compared To Other Crimes
Defending against sex offense charges isn’t necessarily harder than defending other crimes, but these cases do come with some unique challenges.
One major factor is the shock value that often comes with sexual offense accusations. Even for less severe charges, like indecent exposure, the mention of a sexual crime can trigger strong emotional reactions from jurors. This can make it harder for them to stay objective. However, an attorney experienced in handling sex offense cases knows how to address this issue and reduce the impact of shock value, helping the jury focus on the facts.
Another challenge is the stress and anxiety these charges bring to the accused. The stakes are incredibly high, with potential outcomes like mandatory sex offender registration and prison time. For many, this is their first encounter with the criminal justice system, which can make the process even more overwhelming.
Prosecutors also take sex offense cases very seriously. They often devote significant time and resources to these cases, treating them with a higher level of scrutiny. While this doesn’t mean they’re harder to defend, it does require your defense to be carefully planned and executed at every step.
This means that while sex offense cases aren’t inherently harder to defend, they demand a defense strategy tailored to their specific challenges. From addressing societal stigma to managing the heightened pressure on clients, an experienced attorney is key to navigating the situation and avoiding the worst outcome.
Attorneys Jim Zorrilla and Christina Zorrilla are dedicated Colorado lawyers who have guided countless clients through the challenges of defending against false accusations and serious criminal charges. With a deep understanding of the law and a commitment to protecting your rights, they are prepared to help you navigate your case with confidence and care.
Still have questions? Ready to get started? Contact The Zorrilla Law Firm today to schedule an initial consultation.
Myth #7: Sex Offense Charges Don’t Stay On Your Record Permanently
Whether a charge for a sexual offense stays on your record depends on whether the charges result in a conviction. If you are convicted of a sex offense, it will stay on your record permanently and cannot be sealed or expunged under Colorado law. However, if there is no conviction, the story is a bit different.
For example, if you are acquitted at trial, you can petition to seal the record of the charges. Similarly, if you complete a deferred judgment and sentence successfully, the case will be dismissed, and you may be eligible to have it sealed at that point as well.
Sealing your record under these circumstances can help prevent the charges from showing up in background checks and protect your privacy.
Worried About What You Don’t Understand? We’re Here To Help You Make Informed Decisions
Facing a sex offense charge can be incredibly stressful, especially when myths and misunderstandings make the situation feel even more overwhelming. That’s why we take the time to meet with you directly, explain the misconceptions surrounding your case, and walk you through each step of the legal process. We want you to understand why every decision matters and how it can impact your future.
Our experience handling cases like yours allows us to provide insight and reassurance. You’re not alone in this process, and if you’re feeling weighed down, we can connect you with professionals who provide confidential support for the emotional and mental health challenges that often accompany these situations.
For clients who need additional care, our team includes social workers and mental health professionals who can help you manage the stress of your circumstances. Our commitment goes beyond legal defense—we aim to provide the comprehensive support you need to navigate this difficult time with confidence.
At every stage, we’re here to offer guidance, connect you with helpful resources, and ensure that your rights are protected. You don’t have to face this alone—we’re with you every step of the way.
Still Have Questions? Ready To Get Started?
For more information on Sex Offense Charges In Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 715-3786 today.
Attorneys Jim Zorrilla and Christina Zorrilla are dedicated Colorado lawyers who have guided countless clients through the challenges of defending against false accusations and serious criminal charges. With a deep understanding of the law and a commitment to protecting your rights, they are prepared to help you navigate your case with confidence and care.
Still have questions? Ready to get started? Contact The Zorrilla Law Firm today to schedule an initial consultation.