People v. Erhardt CA3

FACTS

The victim, defendant’s granddaughter, lived with defendant off and on from when she was seven or eight years old until she was 12. She stayed at defendant and his wife’s home along with her mother and two brothers. Her family slept in one bedroom, defendant and his wife slept in another. On many nights, the victim slept in the living room on the couch or on the floor because she liked to stay up and watch TV. When she was seven years old, she and defendant would be on the couch together, and defendant would tickle her back. Then he would reach around and grope her breasts. Defendant would also have her put her hand down his pants and fondle his testicles. The victim believed defendant had touched her breasts at least 10 or more times. She remembered it happened “pretty often and a lot.” When the victim was around nine years old, defendant began having her masturbate him. It happened at night while she was sleeping in the living room and the rest of the family was upstairs. She would be asleep, but then would wake up to defendant using her hand to masturbate himself. The victim would hear defendant gasping or moaning, and he would ejaculate into her hand.1 During these…