P.
P. v. Bennett CA5
Opinion
Opinion
Detjen, J.
FACTS AND PROCEDURAL HISTORY2
On September 30, 2011, defendant (then 28 years old) met the victim for the first time at a wedding reception. He asked her age and expressed surprise upon learning she was only 15. During the reception, when the victim mentioned she was going to use the bathroom, defendant directed her to a different bathroom. There, defendant (who was six feet three inches tall) forced the victim (who was five feet four inches tall) to orally copulate and have intercourse with him. As soon as she was able to run from the bathroom, the victim asked a friend to take her from the scene. As he was driving her away, she explained what had happened. The friend and his girlfriend convinced her to call the police. Contacted the next morning at his parents’ house, defendant first denied anything happened, then maintained the sexual acts were consensual and he thought the victim was about 20 years old. A felony complaint was subsequently filed in Fresno County Superior Court, charging defendant with commission of a lewd or lascivious act on a child who was 14 or 15 years old by a person at least 10 years older (§ 288, subd. (c)(1); count 1), oral copulation of a person under…