People v. Garay CA2/6

Facts Y. C. has four children. Appellant is the biological father of two of the children. He is not the biological father of Gabriela M., who was born in 2002. Y. C. began living with appellant in 2006. They never married. At the time of trial in November 2013, Gabriela M. was 11 years old. She testified as follows: One day when she was 10 years old, appellant licked her breasts and had sexual intercourse with her. This was the only time that appellant touched her breasts. On another occasion when she was 10 years old, appellant ordered Gabriela M. to remove her clothes. She complied because appellant was holding a knife. Appellant put the knife to Gabriela M.'s neck and said, "Do you want to live or die?" She replied that she wanted to live. Appellant told her to "open" her legs. Gabriela M. opened her legs, and appellant had sexual intercourse with her. On a third occasion when Gabriela M. was 10 years old, appellant told her to go into the bathroom and remove her clothes. After she had removed them, appellant "separated" her legs, put shampoo on her vagina, and had sexual intercourse with her. On one of the three occasions, Gabriela M. said that she was going to tell her…