People v. Morales CA4/2

FACTS

The victim’s mother testified that she began cohabiting with defendant, her

boyfriend, when the victim was three years old. They, and the victim’s two younger

brothers, moved to an apartment in Corona when the victim was seven years old. The

victim testified that while living in that apartment, on two or three occasions, defendant

entered the bedroom the victim shared with one of her brothers in the middle of the night,

pulled down her pajama bottoms and put his finger in her vagina and his penis in her

All further statutory references are to the Penal Code unless otherwise indicated.

2 mouth. After the first such incident, defendant twice had the victim put lotion on his

naked body, and he on hers, while they were in his bedroom during the day. During these

incidents, defendant had the victim rub up and down his penis with both of her hands.

Defendant told the victim not to tell about these incidents. When the family moved to an

apartment in Riverside, all five members slept in the same bedroom. On one occasion,

defendant put his penis in the victim’s mouth while the victim’s mother and brothers

slept. The victim told her aunt, who was seven months older…