People v. Scott CA6

I. Background

Jennifer Doe moved into defendant’s house with her three daughters in 2002. M. Doe was 11. B. Doe was nine. I. Doe was four. Defendant had pornographic movies, books, and magazines in the house. He found M. Doe looking at one of the magazines when she was 12. He allowed her to watch “any movies [she] wanted or look at any magazines . . . .” He photographed her in little or no clothing on numerous occasions when she was 12. He touched her breast during one photo session, “trying to make it seem like he was fiddling with the towel around me.” He did not show her the photos. M. Doe watched pornographic movies with defendant after school or late at night. He “started . . . caressing [her] crotch area” over her pajamas and “tried to . . . go underneath [her] pants” one time when she was 12 but she stopped him. They were playing cards another time when defendant started making “weird noises” as if in pain. He told her that his penis hurt and asked her to rub it “to make it feel better.” She “believed he was actually in pain . . . [s]o I did it.” When she was 13, defendant called her outside and “asked me if I would allow him to perform oral sex on me and he could…