A 19-year-old man was arrested Friday after Boulder police say he raped a woman in the back seat of his car in 2017.
Jose Luis Avina was arrested on suspicion of sexual assault and is being held without bond at the Boulder County Jail as he awaits a hearing.
According to an affidavit, a woman contacted a victim advocacy group and then police in 2018 and said Avina had sexually assaulted her in late 2017.
The woman said she met Avina in August 2017 through a phone app and said she liked him and hoped to pursue a romantic relationship with him but was a virgin and not ready to be intimate with him.
In the fall of 2017, the woman said Avina picked her up and they drove to Foothills Community Park, 800 Cherry Ave. She said they went in the back seat to kiss, but she again told Avina she was not ready to have sex.
The woman told police Avina then sexually assaulted her in the back seat of the vehicle. She said he stopped when he saw her family members walk near the car looking for her and calling her phone.
While the woman did not recall the exact date, phone records indicated it may have occurred in October 2017, according to the affidavit. Avina was 18 at the time, according to the affidavit.
The woman said she did not want her family to know she had been seeing Avina, and denied the incident at the time, but her family told police they remember catching the two in the car and thinking “something may have happened.”
Boulder police contacted Avina about the incident, and he confirmed he picked the woman up and that they were in the back seat. He claimed the woman said she was “not sure” about sex at first but then said, “sure, if you want to.”
However, Avina did admit the woman said stop a few times while they were having sex and reportedly told officers, “What girl is really going to want to stop in the middle of sex?” when asked why he did not stop.
A judge signed an arrest warrant in December for the arrest of Avina, who was living in Chicago in 2018.
According to the affidavit, Avina has one arrest for second-degree assault, kidnapping, child abuse, harassment and criminal mischief. He also had two active warrants for his arrest.