People v. Pantaleon CA5

STATEMENT OF FACTS

Because appellant does not challenge the sufficiency of the evidence supporting his convictions, we summarize the relevant facts without delving into unnecessary details about the incest. Additional background information pertaining to specific assertions of error is provided in the Discussion section of the opinion. Pantaleon is the victim’s maternal uncle. From approximately 1997 to 2001, when he was between the ages of 19 and 23 and the victim was 7 to 11 years old, Pantaleon subjected his niece to unlawful sexual behavior which included digital penetration, oral copulation, and intercourse. The abuse stopped sometime around 2002, notwithstanding one or two incidents during the victim’s early teenage years when she rebuffed her uncle’s advances.

All further statutory references are to the Penal Code unless otherwise indicated.

2. In approximately 2006, the victim confided in a boyfriend about the abuse. The boyfriend later told the victim’s mother (i.e., appellant’s sister) what Pantaleon had done to her daughter. The victim’s family addressed the issue with Pantaleon, but chose not to report his crimes to the proper authorities. In January 2008, the…