Kendrick v. the State
331 Ga. App. 682
Ga. Ct. App.2015Background
- Defendant Stephen Kendrick, age 32, lived in the victim’s home and developed a relationship with the victim, L.F., who was 13.
- L.F. ran away and stayed with Kendrick; Kendrick had sexual intercourse with L.F., who later became pregnant and delivered a healthy boy.
- Kendrick admitted paternity and was tried by jury on counts including aggravated child molestation, statutory rape, child molestation, contributing to the delinquency of a minor, and criminal trespass; convicted on all counts except interference with custody.
- Kendrick moved for a new trial arguing insufficient evidence for aggravated child molestation because the State failed to prove a "physical injury" as required by OCGA § 16-6-4(c).
- No contemporaneous physical exam or testimony of force or overt physical injury; the State alleged the pregnancy and childbirth constituted the requisite physical injury.
- The jury asked whether childbirth is an "injury" under the statute; the court left that factual question to the jury. The conviction was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pregnancy/childbirth resulting from intercourse with a minor constitutes a "physical injury" under OCGA § 16-6-4(c) | State: Pregnancy and childbirth are bodily impairments that constitute physical injury supporting aggravated child molestation | Kendrick: No evidence of physical injury from the intercourse; pregnancy/childbirth should not qualify as the statutory "physical injury" | Court: Pregnancy and childbirth caused by the molestation qualify as a physical injury under the statute; conviction affirmed |
Key Cases Cited
- Rankin v. State, 278 Ga. 704 (Ga. 2004) (standard of review on appeal from criminal conviction)
- Fluker v. State, 248 Ga. 290 (Ga. 1981) (discussion of legislative intent protecting young females from physical injury)
- Barnes v. State, 244 Ga. 302 (Ga. 1979) (carnal knowledge can cause physical injury and pregnancy to underage girls)
- State v. Mussman, 289 Ga. 586 (Ga. 2011) (treatment of statutory language and definitions in sexual-offense context)
- United States v. Asberry, 394 F.3d 712 (9th Cir. 2005) (pregnancy recognized as an "injury" in evaluating physical risks to adolescent females)
- United States v. Shannon, 110 F.3d 382 (7th Cir. 1997) (pregnancy from rape characterized as grave bodily injury)
- People v. Sargent, 86 Cal. App. 3d 148 (Cal. Ct. App. 1978) (pregnancy resulting from rape described as great bodily injury)