People v. Rodriguez CA4/3

FACTS

Defendant (born in 1971) began a romantic relationship with an adult woman (mother) in 2002. Defendant and mother lived together from 2002 to 2009 in several homes in Riverside County. At the beginning of the relationship, mother had two young daughters, including Jane Doe. Jane Doe was born in 1998, making her 13 years old at the time of trial but significantly younger during the time she resided with defendant. During the course of their relationship, defendant and mother had two children of their own, including Jane Doe 2. Jane Doe’s aunt and cousins moved in with the family in 2008. A teenage cousin noticed several disturbing incidents involving defendant and Jane Doe. On one occasion, defendant approached Jane Doe from behind and hugged her. At the time, Jane Doe was leaning against a chair with her rear end sticking out; Jane Doe reacted to the hug with a facial expression indicating she did not like the hug. On another occasion, defendant asked Jane Doe to lie down with him, whereupon Jane Doe placed a pillow on “his private part” and lay down on top of defendant (facing up, with her buttocks on the pillow). When her cousin asked her about defendant, Jane Doe started…