People v. Lenz CA3

BACKGROUND

K. lived with defendant (her father) and also with her mother, her two younger brothers Ka. and J., and at some point, an older half-brother. At the beginning of K.’s seventh-grade school year, defendant touched K.’s breasts, vagina and buttocks under her clothes. K. was 13 years old. After that incident, every week during K.’s seventh- and eighth-grade school years, defendant touched K.’s breasts under her clothes and masturbated while the two lay in K.’s bed. Defendant’s ejaculate went on K.’s leg and bed. In the middle of her eighth-grade school year, defendant put K.’s hand on his penis. When K. resisted, defendant got on top of K. and tried to open her mouth and put his penis in her mouth. Defendant then put his penis in K.’s vagina. K. felt wetness on her leg and vagina when defendant stopped. At the beginning of K.’s freshman year in high school, defendant ripped off K.’s clothes, touched K.’s vagina with his hand and forced his penis in her vagina, hurting her. All of the incidents occurred in K.’s bedroom in the early morning hours. In addition, K. testified about incidents of physical abuse by defendant. She said defendant hit her arm, slapped her face,…