Sexual assault causes profound trauma, not only to survivors but also to their families and communities. For many survivors in Denver, seeking justice becomes an essential step toward healing — yet the legal system can feel confusing, even overwhelming.
Survivors in Colorado have two primary legal avenues to pursue accountability: criminal prosecution and civil litigation. Each pathway serves different purposes and follows distinct procedures.
In this blog, we will help readers understand these two critical legal avenues. We will explore the distinctions between criminal prosecution and civil litigation and discuss how each process operates under Colorado law.
Understanding Sexual Assault Under Colorado Law
Colorado law defines sexual assault to cover a variety of non-consensual or forcible sexual acts. According to Colorado Revised Statutes (CRS) § 18-3-402, sexual assault occurs when there is unwanted or forced sexual penetration, acts performed through threat or fear, or exploitation of incapacitated or vulnerable individuals. This includes instances where the survivor is:
- Physically coerced or threatened,
- Unable to consent due to intoxication, unconsciousness, mental incapacity, or physical disability,
- Manipulated through fraud or misuse of authority.
Colorado law also distinguishes between sexual assault and unlawful sexual contact under C.R.S. § 18-3-404, which includes non-penetrative but unwanted sexual touching.
Criminal Cases: The State Prosecuting the Offender
When a sexual assault is reported to law enforcement, it initiates a criminal case. In this legal avenue, the state takes on the responsibility of bringing charges against the alleged offender. The primary purpose of a criminal case is to punish the perpetrator for violating state laws and to protect public safety.
The process typically begins with the survivor reporting the crime to the police. This is followed by a thorough police investigation. Once the investigation is complete, the findings are presented to prosecutors, who then decide whether to file formal charges. This decision rests solely with the District Attorney’s Office, based on the evidence available and their assessment of the likelihood of securing a conviction.
In a criminal case, the survivor’s role is that of a witness for the prosecution, not the party controlling the decision to prosecute or the course of the legal proceedings. A significant challenge in criminal sexual assault cases is the high standard of proof required for conviction: "beyond a reasonable doubt." This means that prosecutors must present enough evidence to convince a jury or judge that there is no other logical explanation for the facts except that the defendant committed the crime. Meeting this threshold can be difficult in sexual assault cases, which often lack eyewitnesses and rely heavily on survivor testimony and circumstantial evidence.
Civil Cases: Survivors Taking Private Legal Action
In contrast to criminal proceedings, civil lawsuits offer survivors a path to justice by allowing them to take private legal action against offenders or other parties whose negligence may have contributed to the harm. The core objective of a civil case is not to punish the perpetrator with incarceration, but to provide monetary compensation — known as damages — to the survivor for the losses and injuries they have suffered.
A key distinction in civil litigation is that survivors maintain direct control over their case. This includes the decision to file the lawsuit, the ability to name specific defendants, and the power to negotiate settlements or choose to proceed to trial. This autonomy can be empowering for survivors seeking to reclaim agency in their recovery process.
Another critical difference lies in the standard of proof. Civil cases require a "preponderance of the evidence," a significantly lower threshold than "beyond a reasonable doubt." This means that the survivor, as the plaintiff, must demonstrate that it is more likely than not that the defendant is responsible for the harm. This lower standard makes civil suits a viable option for survivors even when criminal prosecution is not pursued by the state or when a criminal case does not result in a conviction.
Statutes of Limitations in Sexual Assault Cases in Colorado
Statutes of limitations are critical legal deadlines that dictate the maximum time frame within which legal proceedings must be initiated after an alleged offense. These time limits are crucial in both criminal and civil sexual assault cases in Colorado, and failing to file a claim within the specified period can result in the forfeiture of legal rights.
For criminal sexual assault charges, Colorado law typically sets various time frames depending on the severity and nature of the offense. Historically, some types of sexual assault, particularly those involving child abuse, have had extended or even no statutes of limitations to allow survivors more time to come forward.
Civil suits for sexual assault operate under different limitation periods than criminal cases. Generally, for adult sexual assault, Colorado law allows for a longer period than typical personal injury claims. Given these intricate and evolving deadlines, seeking timely legal action and consulting with legal counsel is paramount for survivors to preserve their rights.
Types of Damages Recoverable in Civil Claims
Civil lawsuits allow survivors to seek damages for a range of harms. In Colorado, damages in sexual assault civil claims may include:
- Medical expenses. Past and future costs for hospital treatment, surgeries, medications, and psychological care (e.g., therapy or trauma counseling).
- Lost wages. Income lost due to time off work, as well as reduced future earning capacity tied to trauma or disability.
- Pain & suffering. Non-economic damages recognizing the emotional, psychological, and physical distress caused by the assault.
- Loss of enjoyment of life. Compensation for diminished quality of life or loss of interest in relationships, hobbies, or other aspects of daily living.
- Punitive damages. In cases involving particularly reckless or malicious conduct, Colorado courts may award punitive damages to penalize the wrongdoer and deter future misconduct.
Navigate Your Legal Options with Parker Lipman
Survivors of sexual assault in Denver may pursue justice through criminal prosecution, civil litigation, or both. These paths serve different purposes: one seeks to punish and deter, while the other offers compensation and personal agency.
At Parker Lipman, we work closely with survivors of sexual assault in Denver CO to help them understand the legal tools available to them. If you or someone you care about is seeking advice about legal options, our Denver sexual assault lawyers are here to listen and to help you navigate a difficult path with clarity and care. Contact us for a free and confidential consultation today.