People v. Fitz CA4/3

FACTS

Fitz lived with the victim’s mother and younger siblings in Anaheim in 2010 when the inappropriate touching took place. The incident came to light in April 2012, when the victim took part in an afterschool program. After one of the other girls said her father had touched her in a sexual way, the victim said Fitz inappropriately touched and kissed her when she was younger, and then she started to cry. A couple of weeks later, a Child Protective Services (CPS) worker and police officers went to the victim’s home to interview her. She told the CPS worker that in 2009 or 2010, when she was 10 or 11 years old, Fitz touched her breasts over her clothing and kissed her on the lips. The kiss happened when she and Fitz were alone in the kitchen. He kissed her on the lips for about 10 seconds with their mouths open, and then told her to tell no one about it. She did not want to kiss Fitz, but she let Fitz kiss her because she was afraid of and loved him. She felt scared, uncomfortable, and like she was doing something wrong. Mother initially denied knowing anything about the alleged incident, but later she admitted seeing Fitz kiss her daughter in the kitchen. She also told the…