People v. Maya-Zapata CA1/5

I. BACKGROUND

Jane Doe was born in 1999 and her parents divorced when she was four. Appellant (who was born in 1981) began living with her mother shortly thereafter. Doe did not like appellant at first, but they gradually became closer and she came to view him as a father figure. Appellant was in charge of discipling Doe when she was younger, which he did by yelling at her or pulling on her ears. When she was about nine years old, appellant began to touch Doe in a sexual way. She remembered her age because she was still in elementary school and the family lived on Sheryl Drive, and also because the touching coincided with her menstrual period, which she began having when she was nine years old. Appellant began by touching Doe’s legs, thighs, and vagina over her clothes. Doe was afraid but did not tell her mother what was happening because she did not think her mother would believe her. Appellant always told Doe’s mother that Doe was a bad person and Doe’s mother would react by hitting her or yelling at her. The touching progressed and appellant would grab her hand and put it on his penis. He started putting his fingers inside her vagina.

2 When Doe was 10 years old, appellant…