People v. Torres CA4/2

BACKGROUND

Torres was born in 1986, and Doe was born in December 2005. In 2006, Doe’s

mother, Sandra L., met Torres, and they married in 2016. They had two children

together. Torres acted like a father to Doe and her older half brother. Doe considered

Torres to be her father because she had known him since she was an infant.

In 2023, the People charged Torres by amended information with committing one

felony count of lewd and lascivious conduct against Doe on or about February 4, 2020,

when she was 14 or 15 years old and more than 10 years younger than Torres.

(§ 288(c)(1).) The People alleged two aggravating factors: (1) Doe was particularly

vulnerable, and (2) Torres took advantage of a position of trust and confidence to commit

the crime.

Doe, Torres, and Sandra testified at trial. Doe was 17 years old when she testified.

In February 2020, Doe was 14 years old and attending eighth grade. Doe lived with her

mother, Torres, her half siblings, and her grandparents.

After she arrived home from school one day in early February 2020, Doe went

into her bedroom, where she played a video game on a television. Doe was alone in the

room with the door open. She was playing…