P.

I. FACTUAL BACKGROUND

A. The Crimes and Investigation In the summer of 2001, 16-year-old C.C. came to San Francisco from Montana, to attend a summer art program offered through the Academy of Art Institute. On the evening of July 21, 2001, C.C. left her dorm after dinner to go for a walk. She was on Sixth Street where it intersects with Jessie Street when she saw someone standing and mumbling, but she kept walking. A person grabbed C.C. from behind and pulled her ―back a ways, back into the alleyway.‖ C.C. was not able to get away. The assailant pulled her inside a large cardboard box with openings cut out and pieces of cloth hanging over the openings. C.C. first said she guessed that he pulled her 40 to 50 feet into the alley. Later she described the distance as the distance between the witness stand and the prosecutor‘s table. The assailant pushed C.C. down and pulled her pants to her ankles; C.C. tried to push him away but could not. The assailant raped C.C.; he was not wearing a condom but she was unsure if he ejaculated. He also forced her to orally copulate him, ejaculated in her mouth and forced her to swallow. Finally, when she was on her knees and pushing against the…