People v. Santana CA4/1

I. INTRODUCTION

Diego Santana appeals from his 13-count sex crime conviction. Santana challenges nine counts (2, 4, 6, and 8–13), claiming insufficient evidence supported the jury’s findings that he committed those crimes by using force or duress. Finding substantial evidence of duress, we affirm.

II. BACKGROUND

While she was between seven and 12 years old, Jane Doe lived in a house with her immediate and extended family, including Santana, who was in his early twenties. Santana was the brother of Doe’s stepfather, and Doe called him “Uncle Diego.” During those years, Santana repeatedly sexually abused Doe while the two were alone in his bedroom. Santana raped and sodomized Doe, orally copulated Doe, touched Doe’s chest with his mouth and hands, digitally penetrated Doe’s vagina, and kissed Doe on the lips. Santana also made Doe masturbate him, suck his nipples, and orally copulate him. Santana would move Doe’s body to accomplish these acts. Sometimes Santana made Doe’s head move back and forth while she orally copulated him, and he would push her head into his bare chest. Santana also positioned Doe’s body how he wanted, he held her down on one or two occasions, and he yanked…