People v. Hawley CA2/6

Filed 6/30/21 P. v. Hawley CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B299150 (Super. Ct. No. 1507040) Plaintiff and Respondent, (Santa Barbara County)

v.

ROBERT CHARLES HAWLEY,

Defendant and Appellant.

Robert Charles Hawley appeals a judgment following conviction of eight counts of sexual offenses committed against multiple victims, and three misdemeanor counts of contempt of court regarding violation of a protective order. (Pen. Code, §§ 288, subd. (a), 288.7, subd. (b), former 288a, subd. (c)(2)(A), 289, subd. (a)(1)(A), 166, subd. (c)(1)(A).)1 We affirm. This appeal concerns sexual offenses committed against three victims, all Hawley’s granddaughters, over a 20-year period. Hawley now challenges the sufficiency of evidence of

1 All statutory references are to the Penal Code.

duress concerning counts 4 through 6, committed against granddaughter Jane Doe 1. We reject his contention that the evidence does not demonstrate her lack of consent to the sexual offenses – forcible oral copulation (counts 4 and 6), and sexual penetration by a foreign object (count 5). (Former § 288a, subd. (c)(2)(A); § 289, subd. (a)(1)(A).) FACTUAL AND PROCEDURAL HISTORY At trial, Jane Doe 1 testified that Hawley touched her vagina, over and under her clothing, many times, commencing when she was six years old. She stated that “[i]t just happened all the time growing up.” When she was 10 years old, Hawley orally copulated her. When she complained, he apologized. Hawley also masturbated in her presence. In 2016, then 26-year-old Jane Doe 1 was homeless and moved into Hawley’s apartment for five months. It was “a hard decision” but she had been homeless for two years and had no other place to live. She assumed that Hawley, then 81 years old, was “too old and . . . too tired to be such a creep.” Hawley continued to orally copulate her, however; she would “freeze up” and “didn’t know what to do.” Jane Doe 1 then began to consume alcohol “all day everyday.” She developed an eating disorder, became anorexic and emaciated, and “couldn’t move without help.” Jane Doe 1 also had difficulty walking and was unable to bathe. She described Hawley as having “two personalities.” He became “scary” and “completely different” when angry. During this time, a friend saw Jane Doe 1 and became concerned with her alcoholism and fragility. On October 4, 2016, Alexandria Holmes was shopping at a Santa Barbara grocery store. She saw Hawley, “a much older