P.
P. v. Hernandez CA6
Opinion
Opinion
BACKGROUND
Victim 1 was defendant’s stepdaughter; victim 2 was defendant’s niece. The incidents in question occurred in the home or in the home of defendant’s brother when defendant and his family were living with the brother. They were exposed after victim 1, 12 years old, told her teacher that defendant had been touching her since she was seven years old. The first incident occurred when victim 1 was seven or eight years old and in second grade; defendant carried victim 1, put her on a bed, pulled down her pants, and rubbed her genital area. A second incident occurred when victim 1 was 10 years old and in fourth grade; defendant put the victim on a bed, pulled down her pants, and touched her genital area with his penis. Other incidents occurred when victim 1 started seventh grade; defendant touched victim 1’s genital area through bed sheets three times on different mornings and four times in different evenings. A similar, final incident occurred in a morning when victim 1 was 12 years old. Defendant admitted to the police that he had grabbed victim 1’s genital area about 10 times over the years and once rubbed his penis over the area. He also admitted that, during the prior two…