People v. Valdez.
2026 COA 9. No. 24CA0540. Sexual Assault—Submission Through Actual Application of Physical Force—Sufficiency of Evidence.
March 5, 2026
K.E., a 15-year-old, lived with her father and his two roommates. K.E.’s father had one of his roommates, 41-year-old Valdez, take care of K.E. while he was out of town, and during that time, Valdez got K.E. drunk and sexually assaulted her. Valdez was charged with (1) sexual assault (10-year age difference), with a sentence enhancer that he caused K.E.’s submission through physical force or physical violence; (2) sexual assault on a child by one in a position of trust; and (3) contributing to the delinquency of a minor. Valdez admitted to sexually assaulting K.E. but argued at trial that he did not cause her submission through physical force and that he was not in a position of trust with respect to her. At trial, the prosecution argued that Valdez applied the requisite force by (1) “scoot[ing]” K.E. down the bed and (2) putting his body weight on K.E. during the assault and applying sufficient force to accomplish the sexual penetration. Valdez was found guilty as charged.
On appeal, Valdez argued there was insufficient evidence to prove that he caused K.E.’s submission through the actual application of physical force. He maintained that evidence of his placing his body weight on K.E. during the assault and applying sufficient force to accomplish the sexual penetration was insufficient because there was no indication that he used his body weight to prevent K.E. from escaping. Sexual assault under CRS § 18-3-402(1)(e) is a class 6 felony but is a class 3 felony if the person “cause[d] submission of the victim through the actual application of physical force or physical violence.” § 18-3-402(3), (4)(a). The court of appeals construed this language for the first time in a published opinion. Here, there was evidence that K.E. expressed to Valdez that she did not want to have sex with him and then placed herself at the top of the bed near the headboard. Notwithstanding K.E.’s lack of cooperation, Valdez moved her down the bed so he could perform the assault. The court concluded that Valdez’s act of moving K.E. to the edge of the bed constituted the application of physical force that caused K.E.’s submission. There was thus sufficient evidence to support the jury’s finding that Valdez caused K.E.’s submission by the actual application of physical force.
The judgment of conviction was affirmed.