Boulder man accused of sexually assaulting intoxicated CU student

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(Photo: Boulder County Sheriff's Office)

BOULDER, Colo. — A 54-year-old man has been arrested after he allegedly sexually assaulted an intoxicated University of Colorado student after offering her a ride in his truck, the Boulder Police Department said.

James Timothy was arrested Friday on suspicion of sexual assault on a physically helpless person, sexual assault on a person incapable of appraising their condition, three counts of unlawful sexual contact and two counts of sexual assault — overcoming a victim’s will.

The 21-year-old female student told detectives that she got lost and was looking for somewhere to charge her phone after going out drinking on May 5 to celebrate a friend’s birthday.

The woman told detectives she had about 10 to 15 drinks and was very drunk, according to an arrest affidavit.

She was leaving the bars in downtown Boulder about 2 a.m. when she said she got lost. The woman tried to call a friend and request a ride from Lyft, but her phone battery died.

The woman told detectives that’s when she came across Timothy, who offered her a ride. She refused but asked if she could charge her phone in his truck.

While charging the phone, Timothy asked again if she wanted a ride, and she accepted, police said.

According to the affidavit, the woman said Timothy told her she needed to do something for him, and he kissed her.

She told detectives that he sexually assaulted her even as she told him to stop. She told detectives her memory is fuzzy, but that Timothy assaulted her at least three times, lasting two hours, as she was in and out of consciousness.

Timothy eventually took her home, police said. The next morning, the woman went to a hospital for an exam and called authorities.

Detectives were able to figure out the woman was in the 300 block of Mapleton Avenue when the phone died and they did a search of the area.

Detectives found a truck that matched the description of the suspect’s truck. Timothy matched the description the victim gave detectives, police said.

Timothy admitted to detectives to having sex with the woman but claims it was consensual and they were having fun, police said.

But detectives asked Timothy if he thought the woman did not want to have sex and he replied, “about five times” because she would say “I gotta go” and he would tell her “five more minutes.”

Detectives said they also found the victim’s underwear in a nearby abandoned building. Timothy told detectives that he got rid of it so his wife wouldn’t find out.

Timothy is being held in the Boulder County Jail on a $2,000 bond and is set to appear in court Wednesday.

According to the affidavit, Timothy has been arrested before for domestic violence in Arizona and assault in Texas.