People v. Whitmore CA4/3

FACTS

Whitmore and P.S. started having sex when she was 15 years old, and they had a child together several years later. Their relationship soon grew violent. P.S. eventually broke up with Whitmore, but he continued to make repeated unwanted sexual advances toward her. (Whitmore I, supra, 80 Cal.App.5th at pp. 120-121, petn. for review pending.) In early 2020, Whitmore invited P.S. to go to Disneyland to celebrate their son’s second birthday. P.S. accepted the invitation but rejected Whitmore’s suggestion that they act as if they were still a couple. (Id. at p. 121.) Whitmore drove P.S. and the child from their home in Northern California to a hotel in Anaheim. (Whitmore I, supra, 80 Cal.App.5th at p. 121, petn. for review pending.) That evening, Whitmore prevented P.S. from leaving the hotel room and forcibly raped, sodomized, and orally copulated her while their son lay sleeping in the other bed. The next morning, P.S. asked a hotel employee to call the police. Officers arrived on the scene and arrested Whitmore. P.S. was taken to a hospital to undergo a sexual assault examination. (Id. at p. 122.)

1 See People v. Whitmore (2022) 80 Cal.App.5th 116, petn. for review pending,…