P. v. Castro CA4/3
Jorge Roberto Castro was convicted of one count of committing a forcible lewd act on a child (his daughter, K.C.) under the age of 14, and one count of assault with intent to commit a sexual offense against her. Both offenses occurred after Castro followed K.C. into the bathroom in the family home at approximately 2:00 a.m., using his foot to prevent her from closing the door to keep him out. The first count pertains to his fondling of her breasts, and the second to his attempt to make her remove her pants.
Castro argues his conviction on the first count must be reversed because there is insufficient evidence he employed force or duress in committing the lewd act of fondling K.C.’s breasts. While Castro concedes there is evidence he used force in connection with the effort to remove her pants, including evidence that K.C. screamed and cried, fought him off, and that he twice bit her, he contends the undisputed evidence establishes all of that occurred after he fondled her breast
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