People v. Oliva CA2/6

Facts L.N. lived with her mother and appellant, who was not her father. One night in 2012 when her mother was not at home, L.N. was lying on a bed watching television. She was 13 years old. Appellant was lying on the bed next to L.N. He touched her breast under her clothing and forced his tongue into her mouth. He “was trying to pull . . . down” her pants, but L.N. “kept pulling them up.” Appellant eventually pulled down her pants and put his fingers inside her “private part.” L.N. tried to “push his hand out” but was unable to do so because he was “way stronger.” “At the end,” she “pushed him away” and “just stood up and left.” Appellant said, “‘Don’t tell anybody. Don’t tell any of your friends.’” Appellant could have put his penis inside of her, but L.N. did not see his penis. L.N. went into the bathroom. She “saw something gooey between [her] legs.” “It was something that came out of [appellant].” She did not tell her mother because she was scared. In January 2013 a doctor informed L.N. that she was pregnant. She told the doctor that appellant “had been assaulting her” and had impregnated her. An ultrasound showed that the age of the fetus was 17 weeks. L.N. elected to have an…