A Durango teenager was arrested Wednesday after he allegedly had sex with a 13-year-old girl.
Jose Arroyo appeared Thursday in 6th Judicial District Court virtually from the La Plata County Jail. His bond was set at $10,000 cash or surety by District Judge Kim Shropshire, and he was no longer in custody Friday.
During his brief appearance, Arroyo sat in strip jail scrubs, listening to proceedings through an interpreter. His chin quivered as he held back tears and asked when he could get out of jail if he posted bail.
Arroyo, who turned 18 three weeks ago, is accused of providing alcohol to the victim and having sex with her in his truck near Fort Lewis College.
Domestic violence and sexual assault resources
Manna soup kitchen: 385-5095
- Food market.
- Showers.
- ID assistance.
- Snap application assistance.
Women’s Resource Center: 247-1242
- Womenade.
- Scholarships.
- Computer access.
Southwest Safehouse: 259-5443
- Safe housing for survivors of intimate partner violence.
Colorado Legal Services: 247-0266
- Civil legal services.
Sexual assault services organization (SASO) hotline: 247-5400
- Advocacy.
- Prevention education programs.
- 24/7 hotline.
Advocates available at these locations:
- Manna soup kitchen: First and third Thursdays of the month from 10 a.m. to noon.
- Pine River Library: Second and fourth Wednesdays of the month from 2 to 4 p.m.
- Fort Lewis College Phoenix center: Every Tuesday and Wednesday from 11 a.m. to 1 p.m. during the school year.
A classmate of the 13-year-old victim who was present for the alleged events that occurred in the early hours of Dec. 14 reported the incident to an official at their middle school. The school resource officer contacted a Durango Police detective Tuesday.
The narrative told to the detective by the friend and by the victim differ somewhat. The friend who initially reported the events told police that they heard the victim tell Arroyo that she was 16 three times.
According to the affidavit, the victim told Arroyo she was 13 multiple times and never stated she was any other age. She also said Arroyo had told her that he was 16, and later said he was 17.
The victim did tell the detective that she consumed an unknown liquor in Arroyo’s truck, and described the encounter in detail.
In Colorado, minors under the age of 15 have the legal capacity to consent to sex with those less than four years older than them – meaning the victim could consent to sex with a 17-year-old, depending on the date of their birthdays. Those 15 or 16 years of age can give legal consent with partners less than 10 years their senior.
Under Colorado law, if the child is younger than 15, “it shall be no defense that the defendant did not know the child's age or that the defendant reasonably believed the child to be fifteen years of age or older,” according to state statute.
Durango Police Cmdr. Jacob Dunlop said the department does not have any indication that there are other incidents to investigate.
rschafir@durangoherald.com
