People v. Nelson CA3

BACKGROUND

Defendant dated K.D.’s mother and lived with the mother, K.D., and K.D.’s older sister. One night, defendant entered K.D.’s bedroom with his robe open. The sister was sleeping at a friend’s house and K.D.’s mother was sleeping in K.D.’s bedroom because K.D. was sick. Defendant stood over K.D.’s bed with his penis exposed. He put his hand inside the front of K.D.’s leggings and underwear and stuck his fingers inside K.D.’s vagina. K.D. turned over and pretended to be asleep. Defendant kept is fingers inside K.D. for maybe 10 minutes. His fingers went in and out of her vagina. K.D. was too scared to say anything. Defendant lived with K.D. and her family approximately four or five months after the incident. K.D. said the incident affected her behavior. She was getting in trouble at school. K.D. first told her sister what happened. K.D. denied telling her sister to get out of trouble at school. The sister said K.D. started having emotional breakdowns, a change in K.D.’s behavior. The sister testified that she and K.D. did not feel comfortable living with defendant. The sister saw defendant touching his penis by the back door.

1 Defendant’s opening brief on appeal also…