People v. Robles CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. Defendant becomes a stepfather to two daughters Julieta M. (mother) has several children, including I. (born April 2004) and Natalie (born May 2005). In September 2013, mother married defendant. Although I. and Natalie were still in touch with their biological father, defendant soon occupied a “parental” role as their stepfather. B. Defendant repeatedly molests I. in 2014 1. Vaginal penetration One day prior to August 27, 2014, and when I. was nine or ten years old, defendant went into I.’s bedroom, pulled down her underwear, rubbed his fingertip along I.’s vaginal labia, and for 30 seconds inserted his finger approximately one-quarter to one- half inch between her labia in order to rub her clitoris. I. was “very uncomfortable,” but did not resist and did not report the incident because she was “scared” of defendant due to his tendency to “lash out” by “screaming” and hitting her if he was upset.

2 2. Forced masturbation On two or three occasions prior to August 27, 2014, while I. was nine or ten years old, defendant lay next to I., wrapped her hand around his naked and erect penis, and with his hand above hers,…