People v. Contreras CA6

I. BACKGROUND

The Santa Clara County District Attorney filed an information charging Contreras with four counts of aggravated sexual assault of a child under age 14 and 10 or more years younger than the defendant (Pen. Code, § 269; counts 1, 3, 4 & 6), and two counts of sexual intercourse or sodomy with a child 10 years of age or younger (§ 288.7, subd. (a); counts 2 & 5).1 The charged offenses took place between October 1, 2006 and March 1, 2007. The victim, M. Doe, disclosed the abuse for the first time in 2012 and an arrest warrant for Contreras was issued in 2013. Contreras was arrested in January 2018 and the case proceeded to trial in June 2019. A. Doe’s Testimony

At the time of the charged offenses, Contreras was in an intimate relationship with Doe’s mother, D.M., and lived with D.M., Doe, and Doe’s two older brothers in an apartment in San Jose. Though Contreras was not Doe’s biological father, Doe considered him to be a stepfather and called him “dad.” Doe, 18 at the time of trial, testified that Contreras began sexually abusing him when he was five or six. The abuse took place in the bedroom Contreras shared with D.M. Doe testified that though he slept in the…