People v. Castrejon CA5

FACTS

Defendant and Jane Doe were related, and Jane would often visit defendant overnight. Jane stopped visiting defendant because of conduct he asked her to engage in. Eventually, defendant begged Jane to visit him again and she felt pressured to go. Each time she visited defendant, he would ask her to “do it” and she would tell him “ ‘No. No. [We’re related].’ ” Jane testified that the first time she remembered having sexual intercourse with defendant was when she was 15 or 16. Defendant took her to a hotel, explaining that he did not have a place for them to sleep. She was angry that she was being taken to a hotel. She testified that she just wanted to sleep, but defendant “got on top of [her],” prompting her to say “ ‘[n]o’ ” and to cry. Jane kept telling defendant “ ‘[n]o’ ” and to “ ‘[g]et off,’ ” while he used force to prevent her from moving. Jane testified she was crying as defendant “put it in,” but she was unable to do anything, as she was in shock and scared.

All subsequent statutory references are to the Penal Code.

2. Jane testified defendant took her virginity on that day,2 but told no one because she was scared. After defendant moved to a house in Fresno,…