People v. Moore CA6

I. Factual Background

“Jane” and her mother lived with defendant for several years, during which Jane’s 2 mother and defendant had three children together. When Jane was six or seven years old, defendant began sexually molesting her. The first molestation occurred in Jane’s mother’s bedroom in the house in which they were all living in San Jose. Jane’s mother was never home when the molestations occurred. The molestations continued to occur at least once a month during the three years they lived in San Jose. On each occasion, defendant put his fingers in Jane’s vagina and orally copulated her. The molestations continued at the same frequency when they moved to Tracy and even after defendant and Jane’s mother separated and moved to different cities. The molestations stopped when Jane was 12 or 13 years old. Jane did not tell her mother about the molestations at the time because she did not want to hurt her mother or make her mother feel guilty. Jane’s first disclosure of the molestations was to a friend when Jane was 18 years old. When Jane was 21 years old, she told her mother about the molestations. Jane never told her cousin “Susan” about the molestations. Susan, who is a year…