Pregnancy and childbirth can constitute a “physical injury” so as to support a prosecution for aggravated child molestation, a panel of the state Court of Appeals has ruled.
The issue appears to be one of first impression for Georgia’s appellate courts, perhaps because of the case’s unusual facts. The teenage victim believed she was in a romantic relationship with the defendant, according to the appeals court ruling, and evidence typical of forceful or painful sexual activity was not presented. But the girl became pregnant and delivered the baby, leading prosecutors to charge the defendant, a man in his 30s, with aggravated child molestation. Based on his conviction on that charge, he is serving a life term.
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