People v. Vaz CA6

I. BACKGROUND1

At the time of the offenses, defendant was in his 30s. He lived in a one-bedroom apartment with his wife and child, his wife’s parents, and his then-16-year-old sister-in- law (the victim). The victim began working at the restaurant where defendant worked in June 2017. Defendant drove her to and from work. In July 2017, defendant groped the victim’s breasts in the parking lot after work. When she tried to get away, he put his arms around her neck and applied pressure until she could not breathe. In October 2017, the defendant groped the victim’s breasts while driving her home from work. She pushed his hand away and scratched his arm. A couple of days later, defendant assaulted the victim in the back of his vehicle on the way home from work. During the assault, he bit her breasts hard enough to cause bruising and digitally penetrated her vagina and anus. Later that month, the victim reported the incident to a school counselor, as well as to her mother and sister. Defendant’s wife—the victim’s sister—confronted the defendant. He admitted to having a sexual encounter with the victim in his vehicle, but said it was consensual. In 2018, defendant was charged with…