People v. Matos CA4/2

FACTS

A. FORENSIC INTERVIEW

Defendant was the boyfriend of the victim’s Mother. The victim is female. The

victim was 10 years old at the time of the sexual assault and at the time of the forensic

interview regarding the sexual assault. During the forensic interview, the victim said

that defendant pulled down her pants and they laid down on a bed. Defendant “told [the

victim] like [inaudible] put in his-his thing.” The following discussion was then had:

Interviewer: “What does he do next?

“[The victim]: He puts his [penis], like where my private part is.

“[Interviewer]: Uh-huh. And what does he do with his [penis] where his—

where your private part is?

“[The victim]: He like starts to move.

“[Interviewer]: Mm-hmm. Tell me how it’s moving.

“[The victim]: Like up and down.”

1 All subsequent statutory references will be to the Penal Code unless otherwise indicated.

2 The victim said defendant’s “motions like going up and down” caused her pain.

The pain felt “kind of like when you get pinched.” The interviewer told the victim

“there’s different parts to the private . . . area”: “the top,” “the line where we wipe,”

and “inside where stuff comes out of.” The victim…