Most college campuses aggressively pursue allegations of sexual assault. If they do not pursue the case vigorously and something subsequently happens to that alleged victim, they are also setting themselves up for additional civil liability. They will investigate the alleged incident and try to handle it as quickly and quietly as possible.
If you have been accused of sexual assault, call Justie and Jenn at Nicol Gersch immediately. They could investigate the accusation and collect evidence to help defend your case. An experienced Colorado Front Range campus sexual assault lawyer can help your case from the very beginning. Let us help you protect your rights. With the help of a seasoned student defense attorney, you may be able to reduce or avoid the harsh consequences.
Consent is a big issue right now. There are a number of problems with trying to prove someone else consented to the sexual contact because there is no written contract to have a sexual relationship with somebody.
Though most alleged victims are women, it can just as easily happen to men in both heterosexual and homosexual encounters. The research shows that most reported rapes are not false reports done by the alleged victim to get the offender in trouble. However, that does happen on occasion. It is impossible, as an alleged victim, to control whether charges are being brought against someone else, and it is also impossible for victims to “drop charges” in Colorado.
Even if the person recants their story, the DA and police are the only ones who can decide what charges are to be brought and whether to amend or drop the charges. They can even force an alleged victim to testify against someone (up to and including arresting that victim for not honoring a subpoena at trial). That is the power of DA’s offices in Colorado. Those who have been accused of misconduct should speak to a diligent Colorado Front Range campus sexual assault lawyer to learn about their legal options.
Proving consent is extremely difficult, though people have started developing apps to record consent. The most important thing to remember is to honor the other person’s boundaries, have open and honest communication, talk about the encounter, and use words rather than trying to interpret body language. Whenever possible, if intoxication is a factor, just hold off until another day.
Understanding the system is probably the biggest benefit that attorneys offer their clients. Most students do not realize that an interview in the student conduct office can be taped, and the campus may give that information, including any videotaped confessions, to the district attorney.
Understanding that interplay between the two systems is something that an attorney can provide. Also, many clients do not recognize that even if they are in a room by themselves with a student hearing officer, there is also the chance that the office uses a two-way mirror with the victim present, observing the statement. Victims can also be in another office viewing the video feed contemporaneously.
That can lead to other ramifications once people walk out of that building, including violations of protection orders. They should know that nothing is confidential and everything they say can and will be used against them.
Let a Colorado Front Range campus sexual assault lawyer help protect your legal rights. Jenn and Justie could help make sure your rights are not being violated. Call today to discuss your case.