In re A.S. CA4/2

FACTS AND PROCEDURE

A.S. and the victim knew each other from high school. In April 2014, when A.S.

was 15 years old and the victim was 16, they had an extended “make out” session that

eventually ended in intercourse. Four months later, at the beginning of the next school

year, the victim told a classmate that A.S. had raped her. The classmate reported this to

school officials, who reported it to law enforcement. On August 26, 2014, the victim

participated in two pretext phone calls with A.S. to see if he would admit to the crime.

At the end of the second phone call, which lasted 15 minutes and 32 seconds, the victim

asked A.S. “So you . . . understand the fact that you had sex with me even though I told

you I didn’t want to?” A.S. replied, “Yeah I understand that.”

On November 10, 2014, the People filed a petition under Welfare and Institutions

Code section 602 alleging A.S. committed forcible rape. (Pen. Code, § 261, subd. (a)(2).)

The juvenile court held a contested jurisdiction hearing, at the conclusion of which it

found the allegation true. At the disposition hearing held on August 21, 2015, the court

declared A.S. a ward of the court, ordered him to serve 90…