People v. Sands CA3

FACTS

The victim, Jane Doe 1 (Jane), lived with defendant, her uncle, and his wife from when she was seven years old until she turned 14. Testifying at trial at the age of 16 years, she described five separate molestations by defendant. The first occurred when she was 10 years old. She was in her room drawing when defendant came in and threw her on her bed. He took her clothes off while she struggled to get away. He held her legs apart and rubbed his erect penis against her vagina. He penetrated just “a little bit.” The second molestation happened a few weeks later. Defendant sat by Jane on the living room couch, grabbed her feet, and pulled her toward him. He pulled down her pants and underwear and inserted his penis partly into her vagina and began moving back and forth. He stopped when he heard his wife moving around in their bedroom. A third incident happened one or two weeks later in Jane’s bedroom. Jane had just showered and was in her room with only a towel around her. Defendant walked in, ripped the towel off her, and threw her onto the bed. Jane tried to get away, but defendant grabbed her legs and pulled her toward him. He attempted intercourse, his penis partially…