People v. Fox CA3

FACTS

The victim’s mother testified she married defendant in 2005, after dating him “off and on” for a couple of years. She had three children. The victim was her middle child, having been born in 1996. The mother met defendant while buying marijuana and used methamphetamine with him. In 2005, the victim was present when her mother and defendant used drugs. Defendant was sometimes violent with her, and the victim saw this. The victim saw him threaten her brother with a knife, and he threatened the victim with a knife twice, once when she was 14 and the once when she was 15. Defendant threw the victim across the room once, and once tried to hit her in the head with a baseball bat. When the victim was 14, the mother took the children and hid in the garage one night because defendant said he was going to kill them all. The victim told her mother she hated defendant and she could do better, but sometimes seemed to get along with him. More than once, the mother called the police to have defendant arrested. At one point in 2010 or 2011, the victim called her mother at work and reported that defendant had offered to let her home school “if she let him eat her pussy.” The mother threw…