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Criminal Law Keyed to Lee
In Re John Z.
Citation:
29 Cal.4th 756, 60 P.3d 183, 128 Cal.Rptr.2d 783 (2003)Facts
Laura T. was working at Safeway when she received a call from a friend named Juan. Juan wanted Laura to take him to a party at the defendant’s home, and she agreed.
At the party, Laura and Juan went into the defendant’s parents’ room. Juan indicated that he wanted to have sex but Laura told him she was not ready for that kind of activity. Juan got upset and Laura left the bedroom. The defendant asked Laura to come into his room and talk.
Defendant told Laura that Juan did not care about her, and he suggested that Laura become his girlfriend. Juan entered the bedroom and the two boys asked Laura if it was her fantasy to have two guys. Laura said it was not. Juan and the defendant began kissing Laura and removing her clothes, although she kept telling them not to. At some point, the boys removed her clothes and began “fingering” her, “playing with her boobs,” and continued to kiss her. Laura enjoyed the activity in the beginning, but when Juan removed his pants, Laura objected. The defendant left the room and Juan got on top of her. She tried to resist and told him that she did not want to have sex, but he forced his penis into her vagina.
Juan left the rom and the defendant entered. Laura was crying on the bed and did not say anything. The defendant began kissing her and telling her she had a beautiful body. He got on top of her and put his penis into her vagina. Laura kept trying to pull away, but she testified that he kept pushing her back down and asking if she will be his girlfriend. After about ten minutes, the defendant got off and helped her get dressed.
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