People v. Shkodnik CA3

I. BACKGROUND

Defendant was Doe’s taekwondo instructor and a very close family friend. Doe considered him to be a best friend and father figure. In May 2020, Doe was at defendant’s house watching a movie with him. Defendant asked Doe if he could move her bra straps down and give her a neck and shoulder massage. Doe was uncomfortable and told defendant to just watch the movie. Doe fell asleep after having previously taken two antihistamine tablets. When she awoke, she found herself lying on defendant’s chest and he was fondling her breasts underneath her clothes. She pretended to be asleep and rolled away, but defendant rolled her back onto his chest and continued the assault. He put his hand in her underwear and digitally penetrated her vagina two times. Between the vaginal penetrations, defendant put his fingers into his mouth. Defendant also placed the victim’s hand on his penis over his pants and used it to stroke his penis. He then left the room. The victim told police that defendant had also touched her chest and buttocks on the outside of her clothes four or five separate times during the prior week. Police arrested defendant in September 2020. The amended information…