People v. Ruiz CA3

FACTS AND PROCEEDINGS

The Crimes

L.D. is deaf and was 15 when she testified. She met defendant, who is also deaf, at her school in the fifth grade. She later met defendant’s wife and four children. Two of defendant’s children are deaf and L.D. used to play with them. Defendant’s children were the only deaf children with whom she could play. L.D. started going over to defendant’s house, where she sometimes spent the night. Defendant started touching L.D. inappropriately when she was in the fifth grade. The first instance happened when she was in the bathtub. Defendant’s family was asleep. Defendant entered the bathroom, closed the door, and disrobed. After closing and locking the door, he then got into the tub and said, “[w]e are going to have some fun,” and touched her vagina. Even though she repeatedly told him no, defendant kept begging her to touch his penis and she relented. Defendant told her not to tell anyone about what happened. Defendant and his family moved to another house when L.D. was 12. She was in the garage with defendant one evening when he showed her some pornography on a laptop computer. As they watched, defendant told L.D. he wanted to have sex with her. When…