P. v. Yang CA5
Defendant’s wife, Payao, has four younger sisters, L.V., S.V., G.V., and A.V. When Payao’s sisters were elementary, middle and high school age, they would frequently babysit defendant and Payao’s young children.
Payao’s youngest sister, A.V., started helping babysit defendant’s children when she was in kindergarten. A.V. frequently spent the night at defendant’s house after babysitting the children.
When A.V. was in kindergarten, defendant started coming into the bedroom while she slept and would touch her breast area and rub her vagina. His conduct escalated to digital penetration of A.V. “[w]henever he got the chance”—more than 30 times—from the time she was in first grade until she was in seventh grade. Defendant also began to rape A.V. while she was in elementary school. A.V. would awake to defendant touching her breasts and vagina before he inserted his penis into her vagina. She always pushed him away and told him to stop but he would not.
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