In re Anthony S. CA1/5

Good Law
Court of Appeal of CaliforniaJuly 21, 2014A139568California3,856 words

Opinion

Opinion

Bruiniers, J.

I. FACTUAL AND PROCEDURAL BACKGROUND

Welfare and Institutions Code Section 602 Petition1 On May 20, 2013, Jane Doe reported that, during the afternoon of the prior day, she was hanging out by her apartment complex swimming pool when Anthony approached and asked if her brother was home. Anthony stated he wanted to speak with

All further undesignated statutory references are to the Welfare and Institutions Code.

1 Doe’s brother, so she escorted him to the apartment. She unlocked a door leading to a stairwell. While Doe was walking up the stairs to the apartment, Anthony grabbed her left arm and pinned her against a wall. Anthony held Doe against the wall, felt her breast, and removed her pants and underwear. Doe attempted to push Anthony off but was unable, as he had her pinned to the wall. Anthony penetrated Doe’s anus and vagina and did not use a condom. Doe was unsure if he ejaculated. Doe later underwent a sexual assault examination at the Oakland Children’s Hospital and an interview at the Child Abuse Listening, Interviewing and Coordination Center. The sexual assault examination revealed “abrasions and tearing around [Doe’s] anus and hymenal area and vaginal…

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