People v. Mammoth CA4/3

FACTS

Appellant and his wife adopted Doe when she was three years old. Two years later, when Doe was five, appellant started to molest her. The first incident occurred in appellant’s bedroom. After he called her into the room and closed the door, he told her to take off her clothes for “play time.” Doe was scared, but she obeyed because appellant was her father and she felt she had to do what he said. Appellant rubbed Doe’s breasts and touched her vagina with his hands and penis. After ejaculating, he told her not to tell anyone about what he did and sent her off to play. Doe kept quiet about the incident because she was frightened and because she did not think anyone would believe what appellant had done to her. Doe, who was 13 years old at the time of trial in 2013, could not remember how many times appellant molested her in this fashion. However, she testified the above acts occurred at least twice a year from the age of five until she was eleven or twelve years old. On some occasions, appellant also licked and kissed Doe’s vagina and buttocks, and other times he put his penis “up [her] butt.” During the times appellant sodomized Doe, she often tried to push him away because…