Thursday, August 15, 2019

People v. Sanchez (Cal. Ct. App. - Aug. 15, 2019)

A 33-year old (Adult) hangs out with a 13-year old (Kid). At 3 a.m., Adult and Kid have seven or eight French-kisses.  During the next three months, Adult and Kid -- now 14 -- engage in a ton of secretive text and instant messages, with Adult repeatedly expressing love for Kid, buying presents, etc. On the night before the Super Bowl, Kid sneaks out of the house and meets up with Adult, and they French kiss again, Adult kisses (and leaves a hickey) on Kid's bare breast, etc.  Kid eventually tells the story to a teacher, who reports the whole thing to police. Adult is criminally charged and convicted.

No prior criminal history for Adult. What's the appropriate sentence for Adult?

(A) 20 years in prison.
(B) 12 years in prison.
(C) 5 years in prison.
(D) 2 years in prison.
(E) Probation.

No actual sex.  But a fairly long history of grooming and molestation.  And Adult is 33 and Kid is 13 and 14.  Big gap.

Oh, and if it matters:  Kid is Adult's step-grandfather's niece.  So it's a familial thing.

So what's right?

Got your answer?

Now for the actual sentence that gets imposed in this case.  I suspect it's not the same as the choice you made.  The actual sentence is at one of the two extremes of the options I gave.  (A) or (E).

Which do you think?

Answer:  Probation.  Straight up.

Does it matter that Adult's a woman, and so is Kid?

You don't see many probation sentences these days when a 33-year old repeatedly molests a 13-year old extended family member.