People v. Kim CA1/2

Filed 10/12/23 P. v. Kim CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A166661 v. KWANGSON KIM, (Alameda County Super. Ct. No. 18CR008553) Defendant and Appellant.

Defendant Kwangson Kim was convicted by a jury of one count of continuous sexual abuse of a child and four counts of lewd acts upon a child, after a trial which included testimony from a prosecution expert regarding child sexual abuse accommodation syndrome (CSAAS). His only argument is that the trial court erred in giving the portion of CALCRIM No. 1193 regarding CSAAS evidence telling the jury that they could consider that evidence “in evaluating the believability of [the alleged victim’s] testimony.” We affirm. BACKGROUND On August 4, 2022, the Alameda County District Attorney filed a first amended information charging Kim with continuous sexual abuse of Jane Doe, a child under the age of 14 years (Pen. Code, § 288.5, subd. (a))1

1 Further undesignated statutory references are to the Penal Code.

1

(count 1), committed between November 8, 2014 and November 7, 2016, with six counts of lewd acts upon Jane Doe (§ 288, subds. (a), (c)(1)) during various specific timeframes (counts 2–7), and with one count of sexual penetration with a foreign object (§ 289, subd. (i)) on January 27, 2018 (count 8), all including allegations that the victim was particularly vulnerable, and that Kim took advantage of a position of trust or confidence to commit the offense (§ 1170, subd. (b); Cal. Rules of Court, rules 4.421(a)(3) & (a)(11)). Trial took place in August of 2022. Jane Doe testified that she took golf lessons from Kim over the course of several years, and that he touched her inappropriately multiple times between the fall of 2014, when she was 11 years old, and January of 2018. The jury also heard the testimony of Melinda Doe and Katie Doe, who also took golf lessons from Kim and whom Kim also touched inappropriately while they were underage. Clinical psychologist Blake Carmichael testified for the prosecution as an expert in CSAAS. Carmichael described CSAAS as an educational tool that explains certain unexpected behaviors of child victims of sexual abuse, contrary to common myths or assumptions about those victims and their behavior. The common myths include that abused children would hate their abusers, would never go back or want to go back to them, and would always show fear or disdain or sadness toward them. Carmichael testified regarding the five components of CSAAS: (1) secrecy, (2) helplessness, (3) entrapment or accommodation, (4) delayed, unconvincing, and conflicted disclosure, and (5) retraction or recanting of the disclosure. Carmichael testified generally regarding CSAAS, but he had never met Kim or any of the alleged victims in the case and was not provided any details of their allegations.