People v. Diaz CA4/3

FACTS

Jane Doe was born in 2001. When she was seven years old, her mother met and married appellant, and they had a baby together a few years later. The following year, when Jane was 10, appellant began to molest her on a regular basis. At that time, the family was living in Salinas. One day while Jane was cleaning up around the house, appellant had her lie down on his bed and proceeded to touch her breasts under her shirt. The incident made Jane feel very uncomfortable, but appellant told her not to tell anyone about it, so she kept it to herself. Following that initial episode, appellant molested Jane two to three times a week. Most of the time he touched only her breasts or butt, but sometimes he also put his hand inside her pants and touched her vagina. The molestation continued after the family moved into an RV in Salinas when Jane was 11 years old. Once, appellant groped Jane’s breasts while pretending to apply vapor rub to her chest, and another time, he pressed his erect penis against her from behind. There also was an incident where appellant touched Jane’s breasts and vagina while she was trying to sleep inside the RV. Jane testified to other incidents where appellant…