People v. Juarez-Victoria CA2/6

Facts In the early morning hours of May 19, 2022, Jane Doe, a college student, walked alone several blocks to her apartment. As she walked past an Amtrak station, appellant approached her and spoke to her in Spanish, which Jane Doe did not understand. Appellant used a translation application on his cell phone to tell Doe that she was beautiful and should come home with him. Appellant grabbed Doe’s arm, shoulders and waist. She pushed him away and told him that she just wanted to go home. Appellant prevented Doe from leaving and pushed her against a wall. He tried to kiss her and succeeded in touching her breasts and buttocks under her clothing. Doe told him to stop. He told her not to move and to be quiet. After moving Doe to another wall, appellant held her firmly and pressed her face first against the wall. Doe continued to say no and ask appellant to stop; she could not move. Appellant refused to stop touching her. He pushed her pants down and touched her vagina. Doe told him to stop, tried to push back against him and tried to move his hand away. Doe was able to free herself at some point and pulled up her pants. At about the same time, she saw a white car pull into a nearby…