People v. Ly CA5

Background K.L. lived in a home with her mother, father, and some of her siblings, including her sister, J.L. Defendant, who is K.L.’s and J.L.’s uncle, often visited the home to bring food when the mother and father were not home. K.L. testified defendant began sexually touching her when she was nine years old, and he continued to do so until she was 13 years old. Over the roughly four-year period, defendant engaged in sexual acts on her at least five times per month. Defendant typically removed her clothes and rubbed his penis against her vagina. Other incidents included defendant touching her breast and vagina with his hand or mouth, as well as vaginal intercourse. These incidents usually took place in defendant’s apartment but sometimes occurred in a motel instead. Defendant gave her a phone to watch videos or

We only provide a factual summary relevant to the legal issues in this appeal.

3. play games to distract her attention during the incidents. Defendant also recorded and took pictures of her during or after the incidents. September 5, 2015, and November 7, 2015 Defendant recorded one video on September 5, 2015, which showed K.L. lying on her back and holding a…