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Fort Collins Sexual Assault Attorney

No one should have to endure the emotional trauma or physical pain caused by sexual assault or abuse. Tragically, these acts of violence can affect individuals of all ages, from children to seniors, and they impact people of any gender or ability. Sexual violence is not only a physical violation; it can also leave deep psychological scars. Survivors may face long-term mental health challenges, including post-traumatic stress disorder (PTSD), anxiety, depression, difficulty concentrating or learning, nightmares, and social withdrawal.

In many cases, these crimes go unreported. Victims may remain silent out of fear, shame, confusion, or a lack of support. This leaves perpetrators free to harm others. It is vital that we create a culture of support and understanding, where survivors are believed, empowered, and given the resources they need to heal.

We represent survivors of sexual assault and abuse by bringing civil claims against individuals, businesses, and organizations. Claims for sexual assault can stem from:

  • Businesses improperly hiring, supervising, and retaining employees, causing sexual assault in restaurants, gyms, massage parlors, schools, nursing homes, daycare facilities, and workplaces.
  • Property owners and landlords are providing inadequate or negligent security.
  • Negligent supervision of coaches and teachers.
  • Reporting sexual assault and pursuing a related claim can be intimidating. We are here to provide you with compassionate representation. Our goal is to educate you about your rights and to pursue your claim with integrity.

You may have many questions and concerns about how to move forward after experiencing sexual assault, from how to report the incident to understanding what types of compensation you may be entitled to, and whether third parties who allowed the abuse to happen can be held accountable. Hadfield Stieben & Doutt, LLC here to provide clear answers, support your rights, and guide you through the legal process of pursuing a civil claim. We have recovered millions of dollars for victims of sexual assault, but more importantly, we have held wrongdoers accountable and achieved justice for victims.

Table of Contents

Colorado law defines consent to sexual contact as cooperation in an act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act.

A current or previous relationship does not establish consent to sexual contact.

Submitting to sexual contact under the influence of fear does not constitute consent.

What is the Age of Consent to Sexual Contact in Colorado?

Colorado’s age of consent to sexual contact is 17 years old in most scenarios.

Pursuant to Colorado law, there are certain instances in which a person cannot legally consent to sexual contact:

  • Statutory Rape – occurs when an adult is engaging in sexual activities with a minor- regardless of the minor’s perceived consent.
  • Position of Trust – a person in a position of trust (teachers, therapists, authority figures) cannot legally engage in lawful sexual contact with minors.

How Does Colorado Legally Define Sexual Assault?

Colorado law defines sexual assault as follows:

  • Sexual Assault (Rape): Sexual penetration achieved through force, intimidation or when the victim cannot consent due to incapacity, intoxication or they are unconscious
  • Sexual Contact: touching of a person’s intimate parts for personal gratification without the person’s consent.
  • Sexual Exploitation: Taking sexual advantage of someone for personal gratification- exposing oneself or coercing sexual acts

What Do I Need to Prove for a Sexual Assault Civil Case in Fort Collins?

In a criminal case against a perpetrator, it must be proven beyond a reasonable doubt that the defendant sexually assaulted the victim. In a civil case, however, the standard of evidence is “more likely to be true than not true.” This is a lesser burden of proof, but it still requires compelling evidence.

Proving a civil sexual assault lawsuit in Colorado requires evidence that the defendant is responsible for the plaintiff’s damages due to either intent to harm (e.g., the assailant) or negligence (e.g., an institution). Available evidence may include witness statements, photos and videos, correspondence, survivor testimony, medical records, DNA evidence, and police reports.

How Much Compensation Can I Recover in a Civil Sexual Assault Case?

The amount you can recover in a civil sexual assault case is often case-specific and depends on the harm caused by the offender. Colorado has certain caps on what victims can recover for non-economic damages resulting from sexual assault. Non-economic damages include pain and suffering and emotional distress. Please note that Colorado does impose damage caps on recovery for these cases.

Civil sexual assault cases allow you to recover different categories of damages or compensation including the following:

  • Non-economic damages: These damages are a result of your pain and suffering and emotional distress. There is no formula in the law to determine what amount this might be. Reach out to your Fort Collins sexual assault lawyer to have your non-economic damages evaluated today.
  • Medical expenses.
  • Lost Wages
  • Costs of counseling or therapy.

A sexual assault lawsuit can hold the offender accountable for their actions and provide you with compensation for what you have endured. Contact HSD Law today to ensure you are able to fully recover the damages outlined above. The experienced attorneys at Hadfield Stieben & Doutt will fight for you to obtain the maximum amount of compensation possible.

Who Can I Sue for Sexual Assault?

If a person sexually assaulted you, you have the right to file a civil lawsuit against the person for sexual assault. A civil lawsuit is separate from a criminal case. While criminal cases punish the offenders through jail, fines, or otherwise, a civil case allows you to recover compensation for the harm you suffered as a result of the assault. Businesses can be sued for a sexual assault that occurred if the business:

  • Failed to properly vet employees before hiring,
  • Failed to properly supervise the employees while they are on the job
  • Had reason to know the employees might pose a risk to the public through receipt of complaints or otherwise
  • Failed to have adequate security to protect the public from its employees, or
  • Fostered a work environment that allowed sexual misconduct to occur without punishment or accountability

Examples of businesses where the offender worked if the assault happened while the offender was on the job include:

  • Massage parlors
  • Property management companies
  • In-home health care
  • Gyms
  • Schools
  • Churches
  • Hotels
  • Hospitals

It is important to have an experienced sexual assault attorney evaluate the facts of your assault to determine whether claims can be made against businesses or employers related to the assault.

What is the Statute of Limitations for Civil Sexual Assault Claims in Colorado?

A statute of limitations is a law that places a strict time limit on the right and ability to take legal action. If a claimant waits too long and does not meet the statute of limitations on a civil sexual assault claim, the courts will bar him or her from making a financial recovery. In Colorado, civil actions for sexual assault and abuse do not have a statute of limitations, for the most part.

The laws in Colorado changed in 2022 to eliminate many statutes of limitations that would apply to civil sexual assault claims for assaults that occurred on January 1, 2022, or after. Claims against businesses or employers are subject to certain statutes of limitations. To be sure you do not miss your chance to seek compensation for your assault, contact our office today.

Resources for Northern Colorado Sexual Assault Victims

Fort Collins offers the following resources to sexual assault victims:

  • ChildSafe is Northern Colorado’s only comprehensive outpatient treatment program for child and adult victims of childhood abuse, particularly child sexual abuse, and their non-offending family members.
  • CASA of Larimer County. CASA’s mission is to advocate for safe, nurturing, and permanent connections to family and community so children who have experienced abuse and neglect can have the opportunity to thrive.
  • The Sexual Assault Victim Advocate Center of Larimer & Weld Counties. SAVA’s mission is to provide crisis intervention, advocacy, and counseling for all those affected by sexual violence and provide prevention programs through community outreach and education.
  • The Crawford Child Advocacy Center. CCAC’s mission is to prevent and respond to abuse and victimization through proven child-centered methods, professional forensic interviews, and collaborative advocacy.

What to Do After Being Sexually Assaulted in Fort Collins

Sexual assault is an incredibly traumatic and personal crime. Everyone reacts differently, and there is no right or wrong response. Your reactions are normal and natural responses to sexual trauma, no matter what you’re feeling.

However, it’s important to know that there are steps you should take to protect yourself and start building your civil case in Colorado. If you can, take the following actions:

  1. Get to a safe place. Go to a friend or family member’s house, a hospital, a police station, or somewhere you feel safe. If you’re in immediate danger, call 911. Tell someone about what happened – don’t keep it bottled up.
  2. Seek medical attention. Medical care is critical not only for your personal health and safety but also to support any future claims against the assailant with medical evidence. A sexual assault forensic exam can gather any potential DNA evidence from your person.
  3. Report the incident. While it’s ultimately up to you who you tell, reporting the sexual assault or abuse to law enforcement can be imperative if you wish to hold the perpetrator accountable in the criminal and/or civil justice systems.
  4. Preserve evidence. Do your best to gather evidence relevant to your sexual assault case, such as the clothing you were wearing (don’t wash them), pictures of yourself right after the attack, and prompt medical evidence (before you shower). Video footage and witness testimony can also be important.
  5. Contact an attorney. To discuss your legal rights and financial recovery options in the civil justice system, contact a knowledgeable sexual assault attorney at Hadfield Stieben & Doutt, LLC without delay to arrange a free case review in Fort Collins.

You should also take steps to protect your mental health and overall well-being as you try to rebuild your life after being sexually assaulted. This is an extremely traumatic experience. Get professional help from a mental health care provider to deal with PTSD, anxiety, depression, or emotional distress.

Frequently Asked Questions

If I didn’t report the sexual assault to the police, do I still have a case?

Yes. While a police report can serve as strong evidence, it is not a make-or-break requirement for a sexual assault civil case. We can proceed with a claim against one or more parties on your behalf, even if you never reported the incident to the police or told others at the time. Our team of attorneys has the investigative resources to gather other key types of evidence.

What if I don’t have any physical evidence against the perpetrator?

That’s okay – your claim can still be investigated and filed in Fort Collins. Many sexual assault and abuse cases rely on other types of evidence besides DNA or physical evidence, such as testimonial evidence, witnesses, behavioral patterns, digital evidence, and documentary evidence. This is especially true of cases brought against institutions for failing to protect those within their care.

Is it sexual assault if I knew the person or was romantically involved with them?

Yes. Consent is still required every time you engage in sexual activity with another person, even if you’re romantically involved, in a relationship, or married. If you did not give your knowing, voluntary, clear, and enthusiastic agreement to engage in the sexual act, you may have grounds to file a sexual assault claim against the individual in Colorado.

What if I was intoxicated at the time of the assault? Do I still have a case?

Being under the influence of drugs or alcohol does not bar you from having a sexual assault claim. If you did not give your consent to the person who engaged in sexual contact with you, it is a crime and a civil tort – regardless of whether you were intoxicated at the time. Incapacitation due to voluntary or involuntary intoxication means you cannot legally give your consent to sexual activity.

Do I still have a case if criminal charges against the perpetrator were dropped or they were found not guilty?

A civil case is an entirely separate type of claim from a criminal case. It is filed with a different court system in Colorado. Even if your attacker is not convicted of a sex crime, the evidence may be enough to find them liable for your damages. You may also have grounds to pursue compensation from one or more institutions, regardless of the outcome of a criminal case against the perpetrator.

Contact Us for a Free and Confidential Sexual Assault Case Review in Fort Collins

Filing a lawsuit and pursuing civil justice for sexual assault in Fort Collins can feel intimidating, but you are not alone. With our team of experienced and caring sexual assault attorneys by your side, you can get high-quality representation and advocacy. Start with an initial case review, where you will receive trustworthy legal advice at no cost or obligation to hire us. We will believe you.

At Hadfield Stieben Doutt, we know exactly how to help sexual assault survivors. We will ensure you feel heard and supported throughout the entire process. Bring an assailant to justice, hold a negligent institution accountable for its role in what happened, and get the answers you deserve. Contact us today.

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