People v. Banales CA2/6

FACTS

Child Victim 1 (CV1), a 13-year-old girl, testified that one night she was sleeping on a couch. She was awakened by Banales who was kissing her on her mouth. He put his tongue in her mouth, put his hand on her thigh near her “crotch,” and licked her ear with his tongue. A family member called the police. A surveillance video camera in the home recorded this incident. The police took a “clip of the incident” recorded on the surveillance video as evidence. The police questioned Banales and he admitted kissing the child and placing his tongue in her mouth. He said, “[S]he’s kinda . . . attractive to me.” Child Victim 2 (CV2), now an adult, testified about events that occurred when she was a child. She said when she was 9 or 10 years old, Banales unbuckled her pants and touched her vagina. When she was either 8 or 10 years old, he unzipped his pants and put her hand on his penis. Banales said she “was a whore like [her] mom” and “one day [she would] be on [her] knees for him.”

2 CV2 testified Banales would stick out his tongue and make “sexualized statements.” He touched her breast. She did not tell her mother about these events. Banales told her if she reported these events,…