People v. Mancha CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

Jane Doe drove with her friend to a pool party at Mancha’s house, where several other people were present. Jane Doe’s friend was well acquainted with Mancha and others at the party, but Jane Doe was not. The party attendees, including Jane Doe and Mancha, consumed large amounts of alcohol. Because Jane Doe’s friend did not want to drive home while intoxicated, she and Jane Doe decided to spend the night at the house. Jane Doe testified at trial about what happened next. According to Jane Doe, when it was time to go to sleep for the night, she was very intoxicated and followed her friend upstairs to the bedrooms. Jane Doe ended up on the bed in Mancha’s bedroom. Jane Doe testified that she quickly went to sleep or passed out while wearing a two-piece bathing suit

Unless otherwise indicated, all further statutory references are to the Penal Code.

2 covered by a long T-shirt. Jane Doe remembered briefly waking up and seeing Mancha standing inside the bedroom and locking the door. Jane Doe asked Mancha where her friend was, but Mancha told her “to not worry about it.” Jane Doe then went back to sleep. When Jane Doe woke up, her bathing…