People v. Camarena CA6

FACTS

The statement of facts is based on evidence presented at the preliminary hearing and information from the probation report. From 2003 until 2006, Victim lived with her mother (Mother) in a rented room in defendant’s house in San José. Initially, defendant and his wife lived in the house. They later moved to an apartment. After defendant moved, he invited Victim to his apartment on several occasions to swim and play with his teenage daughter. In January 2006, defendant called Mother and said he wanted to take some photographs of Victim to send to his mother. When Mother asked Victim about it, Victim appeared scared and nervous and said she did not want to go. When Mother asked her why, Victim said defendant had been molesting her and had touched “her intimate parts” (Mother’s words). Mother reported defendant to the police that day. San José Police investigated the matter in January 2006 and the prosecution filed a felony complaint in February 2006. Defendant was not arrested until November 2012. At the time of the preliminary hearing in September 2013, Victim was 16 years old. She testified that when she was around eight years old, defendant picked her up and took her to…