People v. Constancio CA3

FACTS AND PROCEEDINGS

In early 2011, six-year-old Hailey W. was living with her family (mother, siblings and stepfather) at her stepgrandmother’s house. Defendant also lived there, in a garage apartment. During this time, Hailey was occasionally left in defendant’s care, and she reported that sometimes when they were alone, defendant would orally copulate and sodomize her. About that time, Hailey was diagnosed with oral herpes in the genital area, an uncommon affliction in children that may be acquired through oral contact with the genital region. At first Hailey refrained from reporting the abuse because defendant told her she would be in trouble if she told anyone. However, Hailey eventually reported the abuse to her aunt, who told Hailey’s mother. Hailey’s mother did not report the abuse to the police because she feared intervention by child protective services. By then, both defendant and the family had moved, and the abuse had stopped. Thereafter, Hailey also informed her father of the abuse. He immediately informed the police, who interviewed Hailey. Hailey also underwent a physical examination which did not reveal any trauma;

2 not an unusual result in children who are…