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Colorado Sexual Harassment Questions & Answers
1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on
Q: If you are convicted of an attemted sexual contact misdemeanor 18-3-404 do you have to register as a sexual offender?

Attemted groping no contact happened

Jonathan Greenlee
Jonathan Greenlee answered on Jul 7, 2019

Yes, you will be required to register as a sex offender. If you have a prior conviction for an unlawful sexual offense you will be required to register for life. If you are convicted of the Class 1 Misdemeanor charge of Unlawful Sexual Contact 18-3-404, you can petition to de-register after 10... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on
Q: If Im 19 and my gf is 17 and we have sexual contact. Can I still get into legal trouble if she consent?

She will sign a contract that I made saying what we will have sexual contact on this date and then she signs her name. Can I still be in trouble if I have written consent?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 25, 2018

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...
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1 Answer | Asked in Sexual Harassment for Colorado on
Q: Is it legal for an employer to claim that sexual harassment allegations have been filed but decline to provide them.

A university professor was informed by admin that allegations of "inappropriate relations" were made by a student against the professor. Nothing of the sort ever happened and there is no evidence that would suggest that it did. According to the dept chair the student made verbal allegations in a... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Nov 10, 2017

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... Read more »

1 Answer | Asked in Civil Rights, Juvenile Law, Sexual Harassment and Criminal Law for Colorado on
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?

So the parent says they will put whoever has sex with their daughter in jail but once the daughter turns 17 which is the legal age of consent in colorado can they still do that?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 8, 2017

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...
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1 Answer | Asked in Sexual Harassment for Colorado on
Q: How do I file a Sexual Harassment case against my boss without losing my job?

Every day I go to work, my boss always slaps my rear, motions like he is going to grab my breasts, rubs up against me, licks his lips like he is licking me in private areas, moans, whistles, and makes sexual comments. It makes me uncomfortable, I have asked him to stop and he keeps laughing and... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 6, 2017

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... Read more »

1 Answer | Asked in Civil Rights, Sexual Harassment and Criminal Law for Colorado on
Q: Is it illegal for someone to threaten to rape you/send you unsolicited nude photos? Both adults
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 1, 2017

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.

1 Answer | Asked in Constitutional Law, Sexual Harassment and Criminal Law for Colorado on
Q: Can a woman, in Colorado, consent to sex if they weren't drugged but got intoxicated on their own free will?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 29, 2017

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.

1 Answer | Asked in Sexual Harassment for Colorado on
Q: A friend of mine was recently sexually assaulted. Does he have enough evidence?

The only evidence he has is an e-mail he sent to a therapist and a couple visits. Would this be enough to be the police to actively investigate? More importantly, would this be enough for the persecutors to move forward in the case? He's been through a lot (suicide attempt) and to have him be told... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 11, 2017

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.

1 Answer | Asked in Employment Law and Sexual Harassment for Colorado on
Q: is it 3rd party harassment if my married boss spends more time flirting and sitting with other women outside our store?

Basically my manager is on the clock while he sits outside the store on a swing chair with multiple women. He is a married man and I just find this behavior very creepy and uncomfortable. He spends more time outside the store flirting with these women than actually working.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 9, 2017

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),... Read more »

1 Answer | Asked in Personal Injury, Sexual Harassment, Medical Malpractice and Small Claims for Colorado on
Q: I was injured by a physical theripist. He also violated hippa

The facility where he did or still does work won't return my co- pays. I reached my out of pocket expenses in September. It is over 600$

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 21, 2017

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.

1 Answer | Asked in Sexual Harassment for Colorado on
Q: Can I hold the military accountable for my rape?

Civilian victim or rape by a military officer on military property. Defendant killed himself 3 weeks prior to trial so military is dismissing all charges. Can I ask the military to pay for my PTSD treatment and missed work?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 26, 2017

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...
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1 Answer | Asked in Criminal Law, Communications Law, Identity Theft and Sexual Harassment for Colorado on
Q: is it illegal to hack someone's facebook and email and change their passwords?

My boyfriend was on a phone plan with his friend, and she and him got in a fight, so he gave her the phone back, in attempt to cut ties with her, and he forgot to log out of his facebook app and email app on the phone. she has now gone on the phone and changed both of those passwords so that he has... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 11, 2017

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.... Read more »

1 Answer | Asked in Employment Law, Business Law, Employment Discrimination and Sexual Harassment for Colorado on
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.

There is also sexual harassment during an employee meeting with at least 3 witnesses and the company wants to do nothing about it. They also owe for 13 years of unpaid overtime. I know my rights. What can be done about this?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Dec 14, 2016

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... Read more »

1 Answer | Asked in Sexual Harassment and Criminal Law for Colorado on
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

he had consensual sex with a 16 or 17 year old. He said they only had him on there for a year because she initiated it.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 7, 2016

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... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander, Sexual Harassment and Contracts for Colorado on
Q: If a sugar daddy begins only agreeing to pay if sexual acts are administered, can you sue?
Samuel Ventola
Samuel Ventola answered on Aug 16, 2016

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... Read more »

1 Answer | Asked in Sexual Harassment for Colorado on
Q: Can u get charged with harassment for releasing a video of someone that contains nudity in colorado?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Dec 22, 2015

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.

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