People v. Justice CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. Background and the Uncharged Conduct in China Doe was born on August 28, 2000, in Shanghai, China. For most of her childhood, she lived with her mother, grandmother, and younger brother. She had little contact with her father, who was divorced from her mother. The prosecution’s case rested primarily on the testimony of Doe, who was 22 years old at the time of trial. Doe met Justice when she was around 12 years old and he began tutoring her brother in English. A few months later, Doe’s mother started dating Justice, and some months after that he moved in with the family. Doe testified that she “looked up to [Justice] and respected him,” and he ”became [her] dad” because she “never really had a father figure.” About a year after Justice moved in, when Doe was 13, he started to “put [her] to bed every night, massage [her] back, as well as [her] butt.” She testified that he “eased into it,” escalating from “backrubs” to “inserting his fingers” in her “vaginal area.” He also began having her “perform oral intercourse on him.” This activity “became [her and Justice’s] daily routine. [They] would pretend like nothing ha[d] happened, and it…