The People v. Cabrera CA6

Facts The Prosecution's Case Jane Doe is appellant's stepdaughter.4 Appellant married Jane's mother when Jane was seven years old. In November 2010, Jane was 17 years old. On November 19, 2010, Jane went to the Gilroy Police Department after she ran away from home. Officer John Ballard testified that when he interviewed Jane on November 19, she appeared to be "shaken up" and was withdrawn and quiet. Jane told Officer Ballard that she had been molested by her stepfather starting when she was eight or nine years old. Appellant started by rubbing her breast and vagina on almost a daily basis until she was 13 years old and started menstruating. At that time, appellant started having intercourse with her; however, prior to intercourse appellant would lick Jane's vagina, rub her and then have intercourse. Jane estimated that this happened at least 15 times when she was 13 and continued until she was 17. Jane told Officer Ballard that appellant forced her, other times she would "just go along with it for fear of getting hit." Jane said that appellant had slapped her in the past.5 Officer Ballard had Jane make a pretext telephone call to appellant. During the telephone…