People v. Rivas CA4/2

FACTS

According to the prosecution, Rivas sexually abused sisters Jane Doe (born Jan.

2008) and Mary Doe (born November 2005) for years. In May 2015, Rivas and his

girlfriend, who is the girls’ aunt, moved into the house where the girls lived with their

mother and father. Rivas is not married to the girls’ aunt, but the family treated him as if

he were. He is also Mary Doe’s godfather. Before they lived together, the aunt and

Rivas lived separately from the girls’ family, but the aunt would often babysit Mary Doe.

The abuse came to light in September 2019, after Jane Doe told an older cousin about it.

After Rivas was arrested, forensic examination discovered on his phone several videos

depicting Jane Doe’s genitals; the videos had been deleted but were recovered from a

cache file.

2 The amended information charged Rivas with 11 counts of lewd acts on a child 1 under the age of 14 (Pen. Code , § 288, subd. (a), counts 1-11). Counts 1 through

alleged Jane Doe as the victim of offenses committed between May 1, 2015, and

September 2, 2019. Counts 9 to 11 alleged Mary Doe as the victim of offenses

committed between November 22, 2010 and November 21, 2013. Each of these…