The People v. Moncrea CA2/8

Good Law
Court of Appeal of CaliforniaSeptember 9, 2013B238470MCalifornia6,203 words

Opinion

Opinion

FACTS

In September 2010, D.V. (D.) and Moncrea were both living at the Substance Abuse Foundation in Long Beach, California. D. had known Moncrea for about one month, and considered him an acquaintance. D. was a “really friendly,” “huggie-type” person who was energetic and “nice to everybody.” She was no friendlier with Moncrea than she was with others at the center. She did not know that he liked her. On the day of the incident, Moncrea told D. that he had something to show her but couldn‟t show her at their present location because there were others around. They arranged to meet in the “medical room” after D. took her anti-depressant and anti- psychotic medications. When D. arrived at the medical room, Moncrea was already waiting there. No one else was around the medical room at this time. Upon D.‟s arrival, Moncrea put his arms out and she gave him a hug. Moncrea then grabbed D.‟s hips and motioned for her to turn around. D. described this interaction as playful and that Moncrea was not strong-arming her or holding her in place. Moncrea then tried to bend D. over and pull her pants down by placing two index fingers in the waistband of her pants. D. took this to mean that…

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