People v. Vasquez CA4/2

FACTS

The victim, who was five at the time of trial, testified that when she was four years

old and visiting her father at defendant’s house (defendant was her paternal grandfather),

defendant touched her genitals and inside her genitals with his hand while she and her

two brothers were in the living room with defendant. She immediately reported this to

her father, who was in his bedroom, and he became upset. When she returned to her

mother’s house that night, she reported the incident to her mother, who examined her

genitals, and to her mother’s live-in boyfriend.

The victim’s father testified for the defense and denied that on August 26, 2010,

the victim had said anything to him about defendant. He asserted that his children were

never alone with defendant and he denied telling the police that they were. Defendant

testified, denying that he ever touched the victim or that his grandchildren saw him

naked. He denied being alone with his grandchildren around the time of the crime.

More facts will be disclosed as they are relevant to the issue discussed.

ISSUE AND DISCUSSION

Before trial began, the jury was given the following instruction, inter alia, “In

evaluating…