People v. Walsworth CA3

BACKGROUND

In 2017, when A.D. was 11 years old, she stayed with defendant, her father, over the weekend, in a rented room of a home. The room had a bunk bed, and A.D. usually slept on the top bunk while defendant slept on the bottom bunk. However, A.D. occasionally fell asleep on the bottom bunk and slept with defendant. There were also times when A.D. slept with defendant on the top bunk. A.D. fell asleep on the bottom bunk with defendant, who was closer to the wall. A.D. woke up in the night and felt defendant touching her vagina under her clothing. A.D. was not sure how long the touching lasted, but it seemed to her that it was 10 or 15 minutes. Defendant moved his fingers up and down and in a circular motion, pressing hard and touching her labia and clitoris. A.D. did not know if defendant’s fingers penetrated the vaginal canal. She was scared, so she did not do anything to stop him. Eventually, defendant stopped touching A.D., climbed over her, and went to the bathroom down the hall. Defendant stayed in the bathroom about 45 minutes and then returned to the bedroom. When defendant returned to the bedroom, A.D. had moved to the top bunk. Defendant told her he had a dream…