Colorado Sexual Harassment Questions & Answers

Q: If Im 19 and my gf is 17 and we have sexual contact. Can I still get into legal trouble if she consent?

1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on
Answered on Jan 25, 2018
Kristina M. Bergsten's answer
First of all, contracts for sex are generally illegal and unenforceable. I would not recommend doing that at all. Second, if you have to ask the question, then you probably already know the answer...

That being said, the age of consent in Colorado is 17 and that person can consent to have sex with someone no more than 10 years older than him or her.

Q: Is it legal for an employer to claim that sexual harassment allegations have been filed but decline to provide them.

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on Nov 10, 2017
Tristan Kenyon Schultz's answer
Under Dept. of Education regulations, all schools that receive a sexual harassment/assault claim, must investigate the allegation. Each institution has its own procedures related to who conducts the investigation and how it is conducted (read your employee manual for details). During the investigation phase the institution/investigator cannot and should not convey any details of the investigation until the review is completed and/or made public. In other words, you will not receive any...

Q: Can a parent press charges on a 19yo boy if he has sex with their daughter (17yo) when the legal age of consent is 17?

1 Answer | Asked in Civil Rights, Juvenile Law, Sexual Harassment and Criminal Law for Colorado on
Answered on Sep 8, 2017
Tristan Kenyon Schultz's answer
As far as statutory rape goes, you are correct that at 17 inability to consent (due to age) is waived. With the 2 year age gap, there would also be additional safe harbor provisions related to statutory rape in Colorado.

Statutory rape is not the only issue. Parents have been known to encourage their children to say that consent was not granted (even if it may have been at the time).

In other words, proceed at your own risk...

Q: How do I file a Sexual Harassment case against my boss without losing my job?

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on Sep 6, 2017
Tristan Kenyon Schultz's answer
Contact a lawyer that handles employment law. Your boss' actions are inexcusable and you should not have to put up with his behavior. If you file suit, you are also protected against retaliation (i.e. firing or demotion). Talking to a lawyer will also allow you to follow any helpful actions that you can make to document this behavior (like video or audio recordings). You should be able to find an attorney in your area that offers free consultations.

Q: Is it illegal for someone to threaten to rape you/send you unsolicited nude photos? Both adults

1 Answer | Asked in Civil Rights, Sexual Harassment and Criminal Law for Colorado on
Answered on Aug 1, 2017
Tristan Kenyon Schultz's answer
At minimum, this would likely be harassment. Whether other criminal charges are a possibility is based on the facts of the case (i.e. the police and DA would need to review all the specifics). Contact your local police to report a crime.

Q: Can a woman, in Colorado, consent to sex if they weren't drugged but got intoxicated on their own free will?

1 Answer | Asked in Constitutional Law, Sexual Harassment and Criminal Law for Colorado on
Answered on Jun 29, 2017
Tristan Kenyon Schultz's answer
This is a very fact-specific matter, but the general rule is that Colorado does NOT consider an intoxicated person capable of consenting to sex. This can occur whether or not the accused actively participated/encouraged/facilitated the intoxication of the victim or not.

Q: A friend of mine was recently sexually assaulted. Does he have enough evidence?

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on May 11, 2017
Tristan Kenyon Schultz's answer
Only the police and DA can make a determination to proceed with charges/investigate or not. There is not enough information to make a determination. Even if there was enough information, a private attorney cannot force a prosecution/investigation.

Q: is it 3rd party harassment if my married boss spends more time flirting and sitting with other women outside our store?

1 Answer | Asked in Employment Law and Sexual Harassment for Colorado on
Answered on Apr 9, 2017
Tristan Kenyon Schultz's answer
Sexual harassment is contingent on upon you receiving the harassment. That is, sexual harassment does not generally occur when others are harassed. There are a few common law holdovers that allow emotional distress to related parties (which is also contingent on physical harm to a related party), but most of these exceptions have been limited or eliminated with Colorado's tort reform laws.

Q: I was injured by a physical theripist. He also violated hippa

1 Answer | Asked in Personal Injury, Sexual Harassment, Medical Malpractice and Small Claims for Colorado on
Answered on Feb 21, 2017
Tristan Kenyon Schultz's answer
Contact a personal injury lawyer or a medical malpractice lawyer. The lawyer can review your physical injury and assess the actionably of the HIPPA violation. The attorney can also handle collection of the co-pay amounts that should be returned.

Q: Can I hold the military accountable for my rape?

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on Jan 26, 2017
Tristan Kenyon Schultz's answer
You will need to contact an attorney directly to see if there is a possibility. The chances are likely remote. First there is the issue of sovereign immunity and second you would need to show how the base/military assisted or fascinated the crime.

I know that it does not seem fair that simply because the accused died before trial (presumably because of his guilt), that he is de facto found innocent via a dismissal of charges. The military may have some resources for victims of a crime...

Q: is it illegal to hack someone's facebook and email and change their passwords?

1 Answer | Asked in Criminal Law, Communications Law, Identity Theft and Sexual Harassment for Colorado on
Answered on Jan 11, 2017
Tristan Kenyon Schultz's answer
Simply changing passwords is likely not illegal. If information contained is used to impersonate and individual, this may be illegal. Note, changing the passwords or generally "hacking" of accounts by an unauthorized third-party is a clear violation of both Facebook and every email service--i.e. you should be able to freeze or get the account back.

Q: My husband is being forced out of the job he has been at with Wyndham Vacation Resorts for 15 years. We need a lawyer.

1 Answer | Asked in Employment Law, Business Law, Employment Discrimination and Sexual Harassment for Colorado on
Answered on Dec 14, 2016
Tristan Kenyon Schultz's answer
More information is needed to make an accurate assessment of your case. This type of matter would be better served with an actual client consultation with an employment/discrimination lawyer (creating an attorney-client relationship and the privacy that this entails). Many attorneys offer free consultations.

Q: Is there a limit to how long a sex offender can be on a registry? My boyfriend said he only had to be on it for a year

1 Answer | Asked in Sexual Harassment and Criminal Law for Colorado on
Answered on Sep 7, 2016
Tristan Kenyon Schultz's answer
The default listing of a convicted sex offender in Colorado (whether the crime was committed in Colorado or another state) is life. If your boyfriend lives in Illinois then the standard term is 10 years. There is a process in Colorado to remove oneself from the registry, but this requires court approval and I have never heard of a person being removed in a year (unless the conviction was overturned). Also in Colorado it is not statutory rape to have sex with a 17 year old and for a 16 year old...

Q: If a sugar daddy begins only agreeing to pay if sexual acts are administered, can you sue?

1 Answer | Asked in Criminal Law, Libel & Slander, Sexual Harassment and Contracts for Colorado on
Answered on Aug 16, 2016
Samuel Ventola's answer
This is actually a civil law issue, rather than criminal. You can only sue a "sugar daddy" for "payment" if you have an enforceable contract. The contract need not necessarily be in writing, but it might be difficult to prove that there was an oral contract like this. The contract also cannot be illegal. There would also have to be "consideration" for the alleged promise to pay - that is, the person would have to show that under the agreement they would give something legal or provide some...

Q: Can u get charged with harassment for releasing a video of someone that contains nudity in colorado?

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on Dec 22, 2015
Tristan Kenyon Schultz's answer
Yes it is possible to be sued by a private party or face criminal charges. As a general rule, written consent is required. If you are thinking of releasing a private sex tape, I would highly recommend against releasing/posting the video.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.