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A Comprehensive Guide to Consent Laws in Colorado
Sexual consent is a complex and important topic. Each state has its own laws surrounding sexual activity and determining when consent is freely given or when it has been violated. Under Colorado law, consent is "words or overt actions by a person indicating a freely given agreement to have sexual intercourse or sexual contact" (Colorado Revised Statutes, 2016).
This definition applies to any sexual activity involving two people, regardless of their gender identity or sexual orientation. It also applies to any physical contact interpreted as sexually motivated, such as kissing, touching or fondling. This guide will explain the different laws surrounding sexual consent in the state of Colorado.
The Age of Consent in Colorado
In Colorado, anyone over 17 can legally give their consent for sexual activity. However, if either party is under 18, then special rules apply. For example, if both parties are between 15-17 years old, there must be no more than four years difference between them (Colorado Revised Statutes 2016). This is also known as the “Romeo and Juliet” law. Additionally, if one party is over 18, this constitutes statutory rape and could lead to criminal charges against them.
Freely Given vs. Affirmative Consent
For an act of sexual interaction to be considered consensual, it must be willingly given by both parties involved. Freely given consent means neither party was coerced into agreeing to engage in any sexual activity.
On the other hand, affirmative consent requires both parties to actively agree before engaging in any sexual act (Colorado Revised Statutes 2016). In other words, silence or lack of resistance does not equal affirmative consent — verbal agreement is necessary for all forms of consensual sex.
Get Legal Help in Colorado After Sexual Assault
Know your rights regarding sexual consent. In addition to understanding what constitutes freely given and affirmative consent and who can legally give their consent — it's also important to remember that everyone has the right to change their mind at any point during a sexual encounter without fear or shame.
If you or a loved one need legal assistance after surviving sexual assault, contact } at (303) 835-9227 to receive a free and confidential consultation with a compassionate legal advocate.