People v. Albo

The defendant-appellant was convicted by a jury of first-degree sexual assault. On appeal, the central issue is interpretation of the first-degree sexual assault statute. Section 18-3-402(1)(b), C.R.S. 1973 (1976 Supp.), provides that a person who inflicts sexual penetration on a victim commits sexual assault in the first degree if:

“(b) The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats;”

The defendant asserts…