People v. Evans CA3

FACTS

On February 19, 2012, the five-year-old victim disclosed that defendant, her stepgrandfather, had been touching her private areas while touching himself, explaining he did so while her grandmother was asleep. Defendant told the victim it was their “ ‘little secret.’ ” The victim stayed with defendant 32 to 40 hours a week while the victim’s mother was at work. The victim’s mother had noticed the victim had been wetting her bed, not sleeping, and destroying and hiding things. The victim’s mother asked the victim whether defendant had been touching her and the victim answered affirmatively, pointing to her genital area. The victim’s mother told investigators defendant was her stepfather and he had inappropriately touched the victim on at least two prior occasions and was affectionate when drinking. The victim’s mother took the victim to her brother and sister-in-law’s house where the sister-in-law asked the victim more questions. The victim said defendant touched her “ ‘wee-wee’ ” and he told her to touch his. She said she liked it when he touched her but she did not like touching his “ ‘wee-wee.’ ” The victim explained sometimes he shook his “ ‘wee-wee.’ ” The incidents…