People v. Lopez CA2/2

BACKGROUND

I. Prosecution’s Case

A. D.L.’s Testimony and Medical Records At trial, D.L. testified that, in 2020 or 2021, when she was six or seven years old, she lived with her father’s family in Los Angeles. She shared a room with her older brother and Lopez. The three shared a bunk bed. D.L.’s brother slept in the top bunk and Lopez slept in the bottom bunk. D.L. moved back and forth between the two. One night, D.L. moved from the top bunk to the bottom bunk because her leg hurt. After she lay down, Lopez took off his pants. He then removed D.L.’s pants, climbed on top of her, and touched her genitals while “shaking . . . up and down[.]” Lopez placed D.L. on top of him and instructed her to imitate his movements. When she refused, Lopez placed D.L. next to him,

The victim is referred to by her initials to protect her privacy. (See Cal. Rules of Court, rule 8.90(b)(4).)

2 and she felt “a stick” touch her genitals. He did not stop until he was tired, at which point he put D.L.’s pants back on. In the morning, D.L. noticed that her pants and the bed felt wet; Lopez told her she had urinated during the night. D.L. testified that “something like that” happened “three…