Nathaniel Raymond Trujillo, who was convicted of sexual assault in Garfield County, had his appeal denied by the Colorado Court of Appeals on Thursday.
"The judgment of conviction is affirmed," the opinion of the Court of Appeal judges read.
Trujillo was charged with sexual assault, felony menacing, drug possession and a special offender sentencing enhancer.
He was accused of allegedly forcing a female victim to have sexual intercourse with him while he was holding a gun, the decision stated.
In his appeal, Trujillo argued that evidence which was excluded at trial should have been allowed and thus violated his constitutional right to present a meaningful defense and confront witnesses.
The evidence was regarding intimate relations the victim was accused of having with her boyfriend after the alleged assault took place.
The defense argued the evidence would have rebutted the prosecution's claim that the victim was in a traumatized emotional state after the assault. He also argued the evidence was relevant to whether the victim gave Trujillo consent.
"We disagree," the court's decision read.
At trial, the evidence was denied for several reasons, including that it had a prejudicial effect and it was not relevant.
"The trial court acted within its discretion when it denied Trujillo's motion to admit evidence that (the victim) had sex with her boyfriend a few days after the sexual assault," the decision read.
Trujillo's argument that the victim was not traumatized (and therefore no assault occurred) because she later had sex with her boyfriend was rejected.
Trujillo also argued prosecutorial misconduct, which was rejected.