Fare v. David B.

Opinion

LILLIE, J. — The minor appeals from order sustaining petition (§ 602, Welf. & Inst. Code) charging him with forcing the victim to participate in an act of oral copulation and voluntarily acting in concert with another in its commission, and burglary; declaring him a ward of the court; and committing him to California Youth Authority. Each crime was declared to be a felony and the court found to be true each enhancement allegation as pleaded.

Around 8 p.m. the minor’s sister came to Mrs. Q.’s home to visit; while they were talking the minor and his brother-in-law knocked on the door; Mrs. Q. opened the door but they entered without her permission; they were drinking beer and brought some into the house; shortly thereafter two girl friends of Mrs. Q. arrived and when the girls left she went outside with them to their car; during this time two cars arrived containing seven adult males, none of whom Mrs. Q. had ever seen before, and walked into her house without her permission and joined the minor; at this time the minor’s sister left. The men brought beer and sat around, drank and talked with the minor, whom they called by his first name, and smoked marijuana. Several times Mrs. Q. asked them to leave, and around 11 [809]p.m. after pleading with them to go, they finally did so. After the men left, she went to bed in a bedroom where her three children were sleeping; shortly thereafter she heard a noise, left her room to investigate, was struck and fell to the floor; a man threw himself on top of her trying to remove her clothing and told her not to do anything and he would try to help her; he told her “Do you want all the men that are outside to be with you?” and said if she would submit to him the others outside would not harm her; she told him no and started to fight him but he forced her to remove her clothing, threw her on the floor and sexually assaulted her whereupon the other males, including the minor, entered. Mrs. Q. was removed to the living room and all but the minor’s brother-in-law sexually abused her, but he watched and laughed and hit her. During this time while the men “fought for their turn,” the minor was standing around “drinking and waiting for his turn.”

In all, eight males sexually assaulted Mrs. Q.; the minor was the fourth male to do so; he grabbed her, threw her against the wall, hit her in the face, took her arm and threw her to the floor then fondled her, forced her to commit an act of oral copulation by grabbing her head by the hair and forcing her head down until he tired then had intercourse with her. After this four other males sexually abused her. During these events the men threatened her and told her they would kill her if she told police; the minor made no threats but was present when they were made. When they left they took all of the meat arid food Mrs. Q. had bought that day, an electric pot, electric can opener, toaster and her food stamps.