P. v. Aguiar CA5
A jury convicted appellant, Oscar Aguiar, Sr., of six counts of forcible rape of his foster daughter, J.M., after she turned 14 years old and one count of committing a lewd and lascivious act on J.M. before she turned 14. (Pen. Code, §§ 261, subd. (a)(2), 288, subd. (a).) While appellant denied engaging in any kind of sexual activity with J.M. before she turned 14 years old, he admitted to having a sexual relationship with J.M. after she turned 14. However, appellant testified that this relationship was consensual.
Appellant challenges the rape convictions claiming the evidence is insufficient to prove that he forcibly raped J.M. Appellant further argues the trial court erred in refusing to instruct the jury on unlawful intercourse with a minor (§ 261.5) as a lesser included offense.
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