People v. Loren CA1/5

I. BACKGROUND

Facts relating to the charges against Loren are of only limited relevance to the single issue presented on appeal. We briefly recite them for context. Loren worked at a fastfood restaurant on Market Street in San Francisco. On February 23, 2012, at about 4:00 a.m., victim S.M. entered the restaurant and made a 1 small purchase. S.M. testified that Loren left the restaurant with her to look for an automated teller machine, after Loren was unable to process her debit card for the transaction. At the intersection of Market and Hayes streets, Loren grabbed S.M.’s hand, pulled her towards him, and “bear hug[ged]” her torso, with her arms pinned underneath his. Loren kissed S.M.’s cheek as she tried to push him away. She told him to stop and started screaming. S.M. said that Loren grabbed her hands and either pushed or tackled her to the ground. Loren put his hand over her mouth to try to stop her from screaming. S.M. said that Loren groped and squeezed her breast underneath her bra. He also put one of his hands between her legs, rubbing her vagina, and attempted to digitally penetrate her. At one point he…