P.
P. v. O'Brien CA3
Opinion
Opinion
BACKGROUND
On March 13, 2012, police officers responded to a sex abuse report. Defendant’s wife, the mother of the alleged victims, reported that she had left defendant because she suspected he was drugging her. Defendant’s 22-year-old stepdaughter had disclosed to her mother that defendant sexually assaulted her over several years, beginning when she was 14. When she turned
1 16, defendant began having nonconsensual sexual intercourse with her; this continued over the next three or more years. Once she turned 18, he also began to digitally penetrate her anus. After she moved out of the house around June 2011, the assaults stopped. Defendant’s 15-year-old stepdaughter also reported defendant began sexually assaulting her when she was 14, and accused him of sexual intercourse, sexual penetration, oral copulation, digital penetration, and sodomy with her. The People filed a felony complaint on March 15, 2012, charging defendant with multiple counts of rape (Pen. Code,1 § 261, subd. (a)(2)); lewd and lascivious acts with a child of 14 by a person at least 10 years older (§ 288, subd. (c)(1)); penetration by foreign object of a person under 18 (§ 289, subd. (h)); oral copulation of…