People v. Rivers CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Facts

Defendant and Doe Connect Online and Arrange to Meet

In the summer of 2021, Doe was 19 years old and living with her mother, grandparents, and a toddler baby sister. She was 5 feet, 4 inches tall, and she weighed approximately 130 pounds. Defendant was 18 years old and played football at community college. He was 6 feet, 1 inch tall, and he weighed 240 pounds. Defendant, whom Doe knew as DJ, saw Doe’s profile on Instagram and replied to one of her stories with an emoji with heart eyes. She responded with “TY,” which means “thank you,” and a little heart. Doe and defendant exchanged phone numbers and over the following weeks communicated through phone calls, texts, and video calls. Doe found defendant

2 attractive. According to defendant, he asked Doe to be his girlfriend, but she said she was “talking”—considering a possible relationship—with someone else. Once or twice as defendant and Doe got to know each other better she blocked defendant’s phone number so that her phone would not receive his calls or text messages. She did so because she was concerned that he was talking with other girls. Once she called him and another girl…