Fortin

People v. Fortin

Good Law
12 Cal. App. 5th 524·2017 Cal. App. LEXIS 515·218 Cal. Rptr. 3d 867
Court of Appeal of CaliforniaJune 6, 20172d Crim. No. B271184California3,894 words

Opinion

Lead Opinion

Perren, J.

*526 Pedro Fortin was charged with molesting two young girls. Through use of the "Abel Assessment for Sexual Interest" (Abel test), he *527 sought to prove that he does not have a sexual interest in children. He was rebuffed. The prosecution, however, was permitted to introduce evidence of the Child Sexual Abuse Accommodation Syndrome (CSAAS) to explain why child victims of sexual abuse may delay in making a report. Fortin was convicted of child molestation (Pen. Code, §§ 288, 288.7 1 ) and false imprisonment by violence (§§ 236, 237). As we shall explain, the trial court did not err in either ruling.

The Abel test results were properly excluded in the guilt phase of this criminal prosecution for want of acceptance by the relevant scientific community. Appellant's objection to the CSAAS was properly overruled once the victims' credibility was placed in issue, and its use was circumscribed by a limiting instruction. We affirm the convictions. We reverse the sentence and remand to the trial court to make a satisfactory record of the basis for its exercise of its discretion to order consecutive sentences. (§§ 667.61, 669.)

FACTS

Testimony About the Molestations

Fortin and his…

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