People v. Leith CA3

FACTS

The victim, B.R., lived with her mother and defendant from when she was seven years old until she was about 15. The mother and defendant were in a relationship. Defendant was a father figure to B.R. She looked up to him, called him “dad,” and loved him. The family lived in a home on Bristol Plaza Way (first home). When B.R. was approximately 15 years old, her mother and defendant ended their relationship. B.R. and her mother moved into an apartment, but about six months later, her mother asked her to leave because she could not provide for her. Having nowhere else to go, B.R. moved back in with defendant. She has no contact with her mother. Defendant and B.R. had separate bedrooms and bathrooms at the first home. Defendant provided her with the necessities of life as she continued high school. During this time, B.R. began dating Dustin T., forming a relationship that continued through trial. In fall 2008, during B.R.’s senior year in high school and prior to her turning 18, defendant and B.R. moved to a residence on Kapalua Lane (second home). Defendant’s girlfriend, Katrina Tougeron, moved in with them. B.R. had her own bedroom and bathroom in the second home. She…