People v. Lopez CA3

BACKGROUND

Defendant was a father figure to S.D. Defendant raped S.D. when she was 12 years old on two separate occasions. The first incident occurred when S.D. was watching a movie in bed. Defendant got down next to her on the bed, pulled down her pants and underwear, and put his penis inside her vagina. S.D. asked him why he was doing this to her but he did not answer. S.D. was not able to push him off or get away because he held her down by her wrists. Defendant’s penis was inside her for approximately one minute. Defendant stopped when the victim’s nephew came into the room. The second incident occurred when S.D. was watching television on the couch in the living room. Defendant got on top of S.D., took off her pants and underwear, and raped her again. S.D. cried but defendant did not stop. S.D. testified that this was worse than the first time he raped her because he used a lot of force and it felt like she was being cut on the inside. After more than two minutes, S.D. was able to push defendant off her. She was bleeding and could not walk for two days. Defendant told S.D. that if she ever told anyone what happened, he would be in danger “on the streets.” S.D. was also…