In re Gustavo M

In In re Gustavo M. (1989) 214 Cal. App. 3d 1485, the complaining witness, Karen, testified "that 'he tried to remove the leotard from the shoulder, pulled it down from the shoulder (indicating). The strap of the bra came down with the side of the leotard, but that's about as far as it went.THE DISTRICT ATTORNEY: Okay. Did he touch any part of your breasts or chest area?THE WITNESS: Yes. He touched my breast. He touched my chest area a lot as he was holding me down. THE DISTRICT ATTORNEY: Is that at the same time he pulled the leotard down on that side?THE WITNESS: Right. It was brief.THE DISTRICT ATTORNEY: . . . Could you please describe it.THE WITNESS: Best description would be a very awkward caress.' " (Gustavo, supra, 214 Cal. App. 3d at p. 1498.) Although admitting that this evidence of touching skin was weak, the Gustavo court said: "It is reasonable to infer from that testimony that when appellant pulled the leotard and bra strap down, his hand, making 'a very awkward caress' touched the skin on her breast." (Gustavo, supra, 214 Cal. App. 3d at p. 1499.) The Court stated "we do know how Karen was dressed, and we do know that appellant pulled down her leotard and bra strap." (Ibid.) In Gustavo, the testimony about moving the bra and leotard strap was essential to the finding of sufficient evidence that the touching of the breast had been to the skin.