People v. Arevalos CA2/6

FACTS

Charged Conduct Prosecution Evidence Victim T.R. was 13 years old when she testified at trial. One night, when she was nine or ten years old, her mother had to work late. Her grandmother took her to a church that she belonged to. The church had a room where services were conducted and an adjacent kitchen. T.R. went into the kitchen to get some bread because she was hungry. The church services were still going on, and she thought she was alone. All of a sudden, T.R. felt someone behind her. It was appellant. He grabbed her chest with his left hand and her vagina with his right hand, on top of her clothes. It felt "disgusting" to her. Afterwards, appellant went in front of T.R. and put his finger on his mouth. She took this gesture to mean that she should be quiet and not say anything. He then walked

1 All further statutory references are to the Evidence Code unless otherwise stated. 2 In light of our holding, we need not reach appellant's argument about the constitutionality of section 1108. 2 out of the room smiling. T.R. saw appellant another time when she visited her grandmother at a different church. Appellant shook her hand but did not say anything. T.R. did not…