In addition, transgender individuals, Native Americans, prisoners, and members of the military experience sexual assault at even higher rates. Chances are you know someone who has or will experience sexual assault in their lifetime. Sexual assault can occur through physical force, threats, or when an attacker gives the victim drugs or alcohol as part of the assault. It includes rape and sexual coercion.
Consent is a clear and mutual agreement to engage in sexual contact or activity. It’s important to know that even after giving consent, you can change your mind at any time.
In Colorado, the legal age of consent is 17. Anyone under 17 is legally unable to give consent, meaning any sexual contact or activity with someone under that age is considered statutory rape. This does not include exceptions under Colorado’s “Romeo and Juliet” law.
Did you know that your ability or capacity to consent is crucial when it comes to sexual contact or activity? Factors like being under the influence of drugs or alcohol, or being in a vulnerable state, can affect your ability to give informed and voluntary consent.
When considering consent, it's important to ask:
- Does the person have a developmental disability or traumatic brain injury that prevents them from legally consenting?
- Was the person intoxicated? Consent cannot be given by someone who is intoxicated or under the influence of drugs.
- Does the person have a physical disability? While disabled individuals can consent, if their disability leaves them helpless and unable to defend themselves, consent has not been given.
Other factors to keep in mind:
- Was the perpetrator a person of authority or trust?
- Was the person unconscious? Unconscious individuals cannot give consent.
- Is the person considered a vulnerable adult? Vulnerable adults, such as elderly or ill individuals who rely on others for care, may not be able to give consent.