Longwith

Defendant appeals from a judgment entered after a jury found him guilty of violation of Penal Code section 261, subdivision 3, rape by threats. Probation was denied and defendant was sentenced to state prison for six years.

Facts

The victim was defendant’s 16-year-old stepdaughter, L. According to L., and from statements made by the defendant to L.’s mother, defendant had engaged in sexual contact (fondling and oral copulation) with the victim since she was seven years old. The sexual contact progressed and sexual intercourse was initiated when L. was approximately 12 years old.

On December 31, 1979, when L. was 15 years old, she was confined to bed following oral surgery. She was taking medication which made her sleepy and lethargic, causing her difficulty in moving about. On that date L.’s mother left the family residence for work at approximately 8:30 a.m. Defendant remained at home that day. After Mrs. Longwith left for work defendant ordered L.’s brother, D., to leave the residence and when D. complied defendant locked the door. Defendant then awakened L. and walked her into the bathroom. Defendant told her that he “needed it more” and that he would hurt her and…