Seng Yang's wife walked in on her naked husband and daughter, said "Seriously" then left and did nothing

Jane Doe was on the stand this afternoon for two hours and 45 minutes for direct examination by Deputy District Attorney Stacey Eads. She is 16 years old now but looks like she is 12 years old.

She was excused until tomorrow morning. After she left, jurors stayed to examine photos and text messages that were identified by her this afternoon and admitted into evidence.

Deputy Public Defender Luke Brownfield will start his cross examination tomorrow.

Jane Doe did not testify at the preliminary hearing. She did not look at Yang while she testified except briefly when Ms. Eads asked her about Yang and her siblings. Jane Doe answered questions softly in a monotone voice. There were times when you could see the pain and emotion and tears starting to well up in her eyes.

Yang stared at Jane Doe except for a few moments when he talked to and asked Mr. Brownfield questions. The fact that he can talk without assistance of the interpreter was not lost on the jurors. Two male jurors could not hide their disgust for him in court. It was brief glances then they returned to their stoic demeanor.

Jane Doe told Ms. Eads Yang goes by "Jimmy" and for music he uses "Ji." Sometimes he spells his last name as "Yung."

She has 7 siblings, three are deaf. When she lived with her biological parents Yang and Kristy Lee, they lived on University Street in Fresno and on Prospect Street in Eureka.

She lives with a foster family now. Her siblings are also in foster care but live with a relative.

On January 5, 2018, Jane Doe went to the police station and "I reported being raped by someone in my family."

"I went to the police because I felt threatened, scared and panicked. Something was going to happen in the morning and I didn't want it to happen so I left early."

"I was thinking the rape would happen again." When asked by Ms. Eads who raped her, Jane Doe said, "It was my dad."

"When I was like 11 or 11 1/2 or 12, my dad and I had gone to Fresno." They were staying with her maternal grandparents and attending a family celebration.

"I remember waking up and seeing my dad on top of me and I pushed him off. I woke up again to the same thing."

"He felt hot, he was breathing heavily, I could feel something pressing against me." Jane Doe was lying on her back. "I had felt something on my leg. It came from his lower body. I was pushing him off. I said, 'What are you doing?' Do you need to go to the bathroom? "

She told Yang she needed to go to the bathroom. Jane Doe wanted to go  where her grandparents were sleeping. "My dad said I was not alllowed to go and I would be okay."

"Forty minutes to an hour" later he got off her. "He was shaking a lot" when he was on top of her.

The next incident was in Eureka. "I recall waking up to him doing his business down there. He was touching himself. He was touching his penis. I saw his hand moving fast. His other hand was resting on top of my private parts; my vagina."

Yang was wearing boxers. She was wearing shorts and a top. He touched her over her clothes. Her older brother was sleeping in the same room on a different bed. Her older sister was in the same bed as her.  She was 12 years old when this happened. It was a year since the Fresno incident.

"I pretended to wake up and told him to go to his room." Yang left.

Jane Doe mentioned that twice a week her father   would touch her while he masturbated.

There was one incident when "he had his hands under my clothes and he penetrated my vagina with his fingers." Jane Doe was awake. "It felt horrible." Yang asked her "if it felt good. Then he finished and he left."

Jane Doe was in 8th grade, "I was turning 13" when she tried to tell her mom. It was before she went to school. She texted her mom and told her she had something important to tell her and that it was about Yang.  When her mom asked her about it, her brother was in the car so she hesitated and didn't tell her mom. When Jane Doe got home from school that day, "my dad was visibly upset. He said he got a call from my mom."

He took her to a room and closed the door. "Then he decided to take off my clothes and rape me."

Jane Doe said her father threw her on the bed and took her clothes off.  He was "on top of me and told me to stop screaming and freaking out. He pinned me on the bed with his arms." Yang told her to stop yelling because it was pointless.

"It hurt a lot and I most definitely did not want it. I felt scared and very vulnerable. I was telling him to stop and that I didn't want it. I closed my legs and guarded my legs with my arms. He removed my arms and I was pinned on the bed."

Yang held her arms above her head and he slapped her legs. "It came to an end when I stopped screaming and he had done his business.  He told me to get up and clean myself."

Yang told her to sit in a tub and use water to clean her vagina. "It hurt a lot. I felt like I was being ripped."

Ms. Eads asked if Yang ejaculated. Jane Doe said, "I don't know." Her mom was at work. Her siblings were home but "watching TV downstairs."

Yang did not use a condom. Jane Doe testified that Yang never used a condom when they had sex.

The next time Yang raped Jane Doe was after school. He asked her to go to his room and said they needed to talk. He apologized about the first rape and said he wouldn't do it again. Jane Doe told him it was okay even though she did not feel that way.

He apologized but then he raped her, again. "He told me he had this disorder that caused him to be extremely horny at times. I told him he has a wife and he should talk to her instead of me and talk to a doctor and get help."

Jane Doe told Yang, "You just said you weren't going to do it again and you are doing it again. "I was trying to push him back but he pinned me."

A couple of days later he apologized and then raped her again. Usually after sex, Yang would apologize and it made her feel the apology was genuine. This happened while she was in 8th grade.

Twice, Yang performed oral sex on Jane Doe; "his mouth on my vagina then his penis penetrated my vagina. " This happened once while she was in 8th grade and once while she was in 9th grade.

Jane Doe said that her father videotaped them. "I didn't know he was videotaping me" until he told her that "I have been filming you the entire time. He told me that my family was going broke and we needed money and he had to sell videos to feed our family."

"I already knew that our family was poor so I just believed him." Yang never showed her the videos. Jane Doe told her father it was not okay that she was being videotaped. She was concerned about being recognized and he told her he would "blur her face out."

Jane Doe described an incident in her parent's room when she was in the 8th grade. "He had tried penetrating my anus. It hurt so I didn't really do it. It felt like I was being ripped open."

Before trying to have anal sex, he tried to penetrate her vagina, "I closed my legs and he told me to get on my knees and hands. He went behind me, tried to penetrate my anus." She told him it hurt, he stopped. He told her to get on the bed and "I submitted to vaginal sex."

"I recall being hit so I would be quiet." She would be kicked in the head if she did not comply. Yang would "hit her on the face, legs and head" if she did not do what he said. This was not always in a sexual context, she said.

At times Jane Doe spoke so softly that it was hard to hear and sometimes her responses were inaudible. She said something about "I came out to my parents" and it made it worse for her.

Once her uncle was visiting from France and she had to sleep in her parents' room with her little sister. "I remember waking up to something wet on my thigh." She was on the floor and Yang's penis touched her thigh. "I didn't want to have sexual intercourse with him because my sibling was next to me and my mom was also in the room." Yang got angry, kicked her in the head and told her to go sleep "somewhere else."

Twice, someone came into the room and saw them. "The first time, it was 3 a.m. My dad woke me up and said we needed to do this; he was penetrating my vagina. He heard a noise. My dad tried to hide his genitals behind a table. Then my mom came into the room. She looked at both of us and said, 'Seriously?' and then she left.

Her mom did nothing. They never talked about what happened.

The second time was in October, "near Halloween. My dad said he wanted to do another film. We had finished our intercourse." Her younger sister walked into the room and saw Jane Doe "half naked." Yang told her sister that they were "changing into our Halloween costumes."

"After telling me he was videotaping me, he gave me a phone and asked me to record what he was doing to my vagina."

The last time he raped her was during winter break in Fresno. They were staying at a hotel. "My mom and dad shared a bed." She shared a bed with her sister. "It was early in the morning, 6 or 7 a.m. " Yang told her "they needed to film an act." He told her to "get on the side of the bed" on the floor. He penetrated her and used his phone to "record them having sex."

"At that point I had stopped resisting. Whatever he told me to do, I would do." Jane Doe said she was afraid of "him hitting me and exploiting me. He was going to say I seduced him into having intercourse and I made him do nasty things." Jane Doe said that she felt like she did not have a choice.

Jane Doe said she told Yang, "I did not want him to do what he did to me to my siblings." He told her he had not; "I can only assume he hasn't."

Jane Doe identified People's Exhibit 2. They are Facebook Messenger messages from her phone that she showed to Eureka Police Department Senior Detective Ron Harpham.

The messages are a conversation between her and Yang. "My dad wanted me to do another video. I said I was on my period." Yang told her what he wanted to film with her and "said he was going to film my mom next."

Jurors were shown these messages as well as Exhibits 3, 4, 5, 6 and 7. The last exhibit is a piece of paper that was given to Jane Doe. She wrote her first name on it and a name Yang used for her starting with K. The rest are photos of her and Yang.

Earlier posts:

https://johnchiv.blogspot.com/2019/05/you-will-hear-evidence-that-jane-doe-is.html?m=1

https://johnchiv.blogspot.com/2019/05/if-she-resisted-she-would-be-raped-more.html?m=1