P.

FACTS

Defendant, a 37-year-old man, was found in a bedroom with 12-year-old G.C., having entered through a window with G.C.‟s help. To prevent entry by her grandmother, siblings and cousins, who also lived in the apartment, G.C. blocked the door to the room with a television set. When G.C.‟s grandmother began screaming because she could not open the door, G.C.‟s brother assisted her and was able to push it open enough to see his sister in bed, under the covers, with a man. Defendant came out of the bedroom carrying his pants and left the apartment, followed by G.C. Both G.C.‟s brother and sister saw and recognized defendant, and a swab taken from G.C.‟s breast was determined to contain defendant‟s DNA. G.C. was initially argumentative and uncooperative when confronted by police, telling the officer the person in the bedroom with her was her junior high school aged boyfriend. She later told a social worker she had been with defendant and that although they had previously had sex about 10 to 15 times, they did not do so the night they were discovered. At trial, G.C. testified she had been dating defendant for five months and had had sex with him in his car and in another apartment…