Rules on dating minors

(2) The district attorney may bring actions to recover civilpenalties pursuant to this subdivision.From the amounts collectedfor each case, an amount equal to the costs of pursuing the actionshall be deposited with the treasurer of the county in which thejudgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury.The person must act freely and voluntarily and haveknowledge of the nature of the act or transaction involved.A current or previous dating or marital relationship shall not besufficient to constitute consent where consent is at issue in aprosecution under Section 261, 262, 286, 288a, or 289.Proving that there was no sexual conduct, though, is difficult.It often turns into a case of “he said, she said.” This defense requires showing that you are more trustworthy than the victim.Statutory rape requires sexual penetration or intrusion.If conduct like this did not happen, it can be a strong defense to a statutory rape charge.

For the purposes of thissection, a "minor" is a person under the age of 18 years and an"adult" is a person who is at least 18 years of age.(c) Any person who engages in an act of unlawful sexualintercourse with a minor who is more than three years younger thanthe perpetrator is guilty of either a misdemeanor or a felony, andshall be punished by imprisonment in a county jail not exceeding oneyear, or by imprisonment in the state prison.(d) Any person 21 years of age or older who engages in an act ofunlawful sexual intercourse with a minor who is under 16 years of ageis guilty of either a misdemeanor or a felony, and shall be punishedby imprisonment in a county jail not exceeding one year, or byimprisonment in the state prison for two, three, or four years.(1) Notwithstanding any other provision of this section, anadult who engages in an act of sexual intercourse with a minor inviolation of this section may be liable for civil penalties in thefollowing amounts:(D) An adult over the age of 21 years who engages in an act ofunlawful sexual intercourse with a minor under 16 years of age isliable for a civil penalty not to exceed twenty-five thousand dollars(,000).

If the alleged victim gives birth and you match the child's DNA, it can undermine this defense.

There are two legal defenses that cannot be used to fight a statutory rape charge.

CRS 18-3-402 only prohibits sexual conduct on a non-spouse.

If you were married to the alleged victim, there is no way for you to break the law.

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If they verbally consent to sex or even initiate sexual conduct, the law sees it as meaningless.

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