People v. Ruiz CA4/3

STATEMENT OF FACTS

A. Facts at Trial Ruiz and Doe lived in various homes belonging to Ruiz’s family, friends, or family acquaintances. Doe’s mother was not in her life, and she was dependent on Ruiz for food, shelter, and caretaking.

The physical abuse started when they were living with Ruiz’s nephew. Doe came home from school and Ruiz started punching her in the leg. He grabbed her by the shirt and punched her in the chest. She was left with bruising and redness. Doe was eleven at the time. Because of this incident, Doe was removed from Ruiz’s care and placed in a foster home. Doe’s removal affected her relationship with her relatives. She felt they had “a rude energy towards [her].” Doe was returned to Ruiz six months later. They moved back into Ruiz’s nephew’s house where they slept on the living room floor together. He told her their “bond was different and that [they] were more . . . connected.” He told her “he loved [her] so much that he wanted to make love to [her].”

2 One night while they were sleeping on the floor, Doe woke up and felt Ruiz’s hands trying to get into her shorts. His hand went underneath her underwear, and he placed his hand on her vagina. He tried…