People v. Sernas CA2/2

FACTS AND PROCEDURAL HISTORY

The Charges Against Appellant In 2009, appellant was charged with three counts of lewd acts upon a child under the age of 14, and one count of continuous sexual abuse. (§§ 288, subd. (a), 288.5, subd. (a).) The victim was his young stepdaughter, who told police that appellant began molesting her in 2001, when she was six. According to the probation report, he began by touching her breasts, thighs, and

1 Undesignated statutory references are to the Penal Code.

2 vagina. Later, he made her orally copulate him, sodomized her, and raped her. The victim’s mother learned of the abuse and moved out with the children. She believed appellant when he apologized and promised not to do it again. She let him live with her and the children because he was the “breadwinner.” Appellant broke his promise and continued to grope and digitally penetrate the victim’s vagina. Appellant agreed to speak to police. He initially denied the abuse. When told that his wife knew of it, he admitted touching the victim but said it was “an accident and they were playing.” He accused the victim of being the aggressor, saying she put his hand repeatedly on her vagina and touched his…