People v. Wilson

Opinion

COMPTON, J.

Defendant was charged in an amended information with three counts of violating section 288a of the Penal Code (oral copulation)

[509]

and one count of violating section 261, subdivision 1 of the Penal Code (statutory rape). The information alleged that defendant had suffered a previous conviction of violating section 476a of the Penal Code (issuing checks without sufficient funds) and had served a term of imprisonment in the state prison.

Defendant admitted the prior conviction and the substantive charges were tried to a jury. The result was a conviction on all counts. The jury recommended a state prison sentence for the rape.

This appeal from the judgment of conviction sets forth four contentions of error, none of which is meritorious.

Factual Background

The principal witnesses for the prosecution were Joan, age 14, and Mary, age 19, both of whom were defendant’s stepdaughters.

We find it unnecessary to recount in great detail the testimony which led to defendant’s conviction.

The facts viewed in the light most favorable to the judgment were as follows:

On March 25, 1970, defendant placed his mouth on the privates of Joan, the 14-year-old. On April 2, 1970, defendant accomplished an act of sexual intercourse with Joan. On April 4, 1970, defendant again placed his mouth on Joan’s private parts, this act occurring in the presence of Mary. On this same occasion defendant performed a similar act on Mary in the presence of Joan. All of this conduct occurred in the family residence.

The incredibly bizarre circumstances in which these young girls were victimized deserves exposition.

The family practiced a pseudo-religion called “Scientology” and defendant through this practice persuaded each of the girls that they had a “sex problem” which could be solved in sexual relations with him. The diagnosis of the victims’ problems and the prescribed therapy were arrived at during a series of “auditing” sessions. These sessions were apparently part of the prescribed ritual of the “Church of Scientology.” During these sessions defendant used a device known as an “E Meter” which from the record appears to be as rudimentary as an ouija board or crystal set, but according to “scientologists” has capabilities which surpass the latest developments in computer technology. The incredible E Meter supposedly can indicate to the “auditor” the presence in the subject of the audit, suppressed emotional problems, the existence of which may even be unknown to the subject.