Colorado prosecutors generally have 20 years to bring sexual assault (CRS 18-3-402) charges after an alleged rape. If the victim was 15, 16, or 17 at the time of the offense, this 20-year statute of limitation does not begin running until the victim turns 18.

However, Colorado prosecutors can bring rape charges at any time if either:

• the rape was reported to police within 20 years of the incident and there is DNA evidence of the suspect, or
• the victim was 14 years old or younger at the time of the rape.

These statutes of limitations also apply to:

• attempted rape,
• conspiracy to commit rape, and
• solicitation to commit rape.¹

What is a statute of limitations?

A statute of limitation is the time limit or window that prosecutors have to press criminal charges. Once this time limit passes, the D.A. cannot bring any criminal cases against the suspects.

In Colorado, the statute of limitations for most felony crimes is only three years. The reason for this short time limit is to force prosecutors and law enforcement to investigate matters quickly and press charges before evidence disappears and memories fade.

However in sexual assault cases, many victims choose not to speak out about their rapes until years later. Sometimes they are too scared to do so. Some may think they were at fault for the sex offense. Or they fear that people will believe their abusers instead of them.

The 20-year statute of limitations in Colorado rape cases permits victims to take a longer period of time to process their trauma and decide whether to speak out.

Note that if a criminal suspect is not in Colorado, the statute of limitations tolls (pauses) for up to five years.

What is sexual assault?

Sexual assault is having penetrative sex without the other person’s consent. Rape also comprises having penetrative sex with people who are too drunk or otherwise incapacitated to consent. Penetrative sex comprises:

• Vaginal intercourse
• Oral copulation (fellatio or cunnilingus)
• Anal sex
• Anilingus
• Fingering
• Penetration with a foreign object

As a felony, rape is punishable by two years to life in Colorado State Prison. It also requires lifetime sex offender registration.

Note that statutory rape (consensual sex with a minor under 17) carries six months to eight years of incarceration depending on the ages of the people involved.²

What about unlawful sexual contact?

Unwanted groping with no penetration is prosecuted as the lesser sex crime of unlawful sexual contact (CRS 18-3-404). Unlawful sexual contact (sometimes called “sexual battery”) can be a felony or a misdemeanor.

The Colorado statute of limitations for felony-level unlawful sexual contact is 10 years after the alleged incident. Though if the victim was age 15, 16, or 17 at the time of the offense, this 10-year statute of limitation does not begin running until the victim turns 18. For victims under 15, there is no statute of limitations at all.

Colorado’s statute of limitations for misdemeanor-level unlawful sexual contact is five years after the alleged offense. If the victim is under 15, the statute of limitations is eight years and six months after the alleged offense.

The statute of limitation laws also apply to the

• attempt,
• conspiracy, and
• solicitation

of unlawful sexual contact.³

There is no statute of limitations in Colorado rape cases involving child victims.

What about failing to register?

Failing to register as a sex offender is a felony if the underlying sex offense was a felony (such as rape). In these cases, prosecutors have three years to prosecute the convicted sex offender for failing to register.

Meanwhile, failing to register as a sex offender is a misdemeanor if the underlying sex offense was a misdemeanor. In these cases, prosecutors have 18 months to prosecute the convicted sex offender for failing to register.⁴

Statute of Limitations to Sue for Sexual Assault

As of January 1, 2022, there is no statute of limitations to bring a civil lawsuit against someone for sexual misconduct – including rape and other sexual offenses. Prior to this new law, the civil statute of limitations to sue for sexual misconduct was as short as one year after the incident. For minor victims, the time limit to sue was their 24th birthday.

This new law does not apply to all past sexual misconduct civil cases. It applies retroactively only to civil claims whose statutes of limitations (under the former law) were still running by January 1, 2022.

However, Colorado lawmakers are looking to amend the state constitution to allow victims to sue for sex crimes that happened as early as the 1960’s.⁵

Crimes With No Statute of Limitations

Colorado D.A.s may press felony charges for the following crimes at any time:

1. First-degree murder (CRS 18-3-102) and second-degree murder (CRS 18-3-103)
   
2. Kidnapping (CRS 18-3-301 & CRS 18-3-302)
   
3. Treason (CRS 18-11-101)
   
4. Any felony forgery (18-5-102) offense, regardless of the penalty
5. Sexual assault (CRS 18-3-402) when there is DNA evidence of the suspected rapist, and the rape was reported to police within 20 years of the incident
6. Felony child sex abuse⁶

There is also no time limit to press charges for attempt (CRS 18-2-101), conspiracy (CRS 18-2-201), or solicitation (CRS 18-2-301) of any of the above offenses.

How To Report Sexual Assault in Colorado

Contact the National Sexual Assault Hotline at 800-656-HOPE (4673). They will connect you to local resources for reporting the rape, how to remain anonymous if you wish, and where to get medical help and emotional support.

According to the Colorado Department of Public Health and Environment, one in three Coloradans endure sexual violence at least once in their life. The lifetime prevalance of sexual violence acts that do not include rape is 47.4% for women in Colorado – nearly three percentage points higher than for women in the U.S. as a whole.⁷

Meanwhile, rape is the most unreported crime. According to the National Sexual Violence Resource Center, 63% of rapes go unreported.⁸

Additional Resources

If you are a rape victim in Colorado, you can find help at these crisis organizations:

• SAVA (Sex Assault Victim Advocate) in Northern Colorado – Offers crisis intervention, support and counseling for survivors of sexual violence.
• The Blue Bench in Denver – Non-profit organization that helps survivors through individual and group therapy, case management and more for survivors age 13 or older.
• Project Safeguard in Colorado – Organization that supports survivors by providing non-attorney legal advocacy and attorney services.
• Office for Victims Programs (OVP) – A part of the Colorado Division of Criminal Justice, OVP provides support for local victim compensation and Victim Assistance and Law Enforcement (VALE) programs.
• Colorado Coalition Against Sexual Assault (CCASA) – Organization that provides free, confidential referrals to rape crisis centers.
• Colorado’s SAFE/SANE Project – An initiative of UCHealth’s Memorial Hospital, SAFE/SANE supports victims with medical forensic exams and education.

Legal References