Lapenias
People v. Lapenias
Opinion
Opinion
Moore, J.
FACTS AND PROCEDURAL BACKGROUND
Doe was born in 1997 (she was 20 years old at the time of Lapenias’ trial in 2017). Until she was five or six years old, Doe lived with her biological father and her grandmother. Doe had very little contact with her biological mother (mother) until 2004, when Doe was six or seven years old. Doe then began staying with mother and her husband Lapenias, primarily during summer vacations and major holidays. Lapenias had several jobs, eventually becoming an addiction recovery minister. Lapenias and mother at some point started taking into their home people with recovery issues. Lapenias committed various sex acts against Doe over a period of several years, all when Doe was 13 years old or younger, at four different homes. In the summer before Doe was in the fourth grade, Lapenias and mother lived in a little cabin behind his parents’ house in Oakland. Doe was on a couch in the living room with Lapenias lying behind her. Lapenias put his hand down Doe’s pants and touched her vaginal area over her underwear. Doe “tried to roll over. He would just flip me back and continue.” The second incident happened at a two-story house in San Jose “with square…