People v. Hernandez CA2/2

FACTS AND PROCEDURAL HISTORY

Prosecution Case In 2009, when V.H. was eight years old, she was sexually assaulted by Hernandez, her father. She had fallen asleep in her parents’ bed and when she awoke Hernandez was removing her clothes. He turned her onto her stomach and inserted his penis into her anus. V. cried and said it “hurt so bad.” She tried to push him off but he held her down. Hernandez told V. not to tell her mother what he had done. In 2010, V.’s mother started taking Zumba classes five nights a week. While she was gone to class, Hernandez sexually assaulted V. He took V. into the bathroom, bent her over the toilet and inserted his erect penis into her anus. Hernandez admitted doing this on two separate occasions.1 V. said it hurt at first but it happened so many times that it stopped hurting. Hernandez also admitted taking V. into his bedroom and showing her pornographic videos on his iPod. While watching the videos, Hernandez used his right hand to touch V.’s vagina. He used two fingers to open her vagina and then inserted one finger inside her vagina. V. said Hernandez did this to her at least once or twice a week, and it hurt. V. was 12 years old at the time of…