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People v. Canfield11/26/2002
UNPUBLISHED
Following a jury trial, defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b(1)(f), and sentenced to ten to twenty years' imprisonment. He appeals as of right. We affirm.
Defendant claims that there was insufficient evidence of personal injury to support his conviction for first-degree CSC under MCL 750.520b(1)(f). In reviewing this issue, this Court must view the evidence in the light most favorable to the prosecution to determine whether a rational trier of fact could find defendant guilty beyond a reasonable doubt. People v Johnson, 460 Mich 720, 722-723; 597 NW2d 73 (1999).
A person violates MCL 750.520b(1)(f) if he "causes personal injury to the victim and force or coercion is used to accomplish sexual penetration." People v Cowley, 174 Mich App 76, 80; 435 NW2d 458 (1989). Personal injury is defined as "bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ." MCL 750.520a(j). Bodily injury, mental anguish, and the other conditions listed in the statutory definition of personal injury "are merely different ways of defining the single element of personal injury" and "should not be construed to represent alternative theories upon which jury unanimity is required." People v Asevedo, 217 Mich App 393, 397; 551 NW2d 478 (1996). Thus, if sufficient evidence is presented establishing any one of the listed definitions, the personal injury element has been proven. Id.
To satisfy the personal injury element of the statute, a physical injury need not be permanent or substantial. People v Mackle, 241 Mich App 583, 596; 617 NW2d 339 (2000). In People v Himmelein, 177 Mich App 365, 377-378; 442 NW2d 667 (1989), this Court stated:
We decline defendant's invitation to announce a new standard for evaluating the severity of bodily injury that would be analogous to the standard of "extreme or excruciating pain, distress, or suffering of the mind" set forth in [People v] Petrella, [424 Mich 221, 257; 380 NW2d 11 (1985).] The Petrella holding recognized and resolved the inherent ambiguity of mental anguish as an aggravating factor elevating criminal sexual conduct from the third to the first degree. . . . Bodily injury, viewed as an aggravating factor, does not share in this inherent ambiguity. Given the absence of any statutory indication of a more stringent standard than that previously applied by this Court, we find the present standard for bodily injury to correctly reflect the legislative judgment that evidence of even insubstantial physical injuries is sufficient to support a conviction for criminal sexual conduct in the first degree. [177 Mich App 377- 378].
To prove "mental anguish" within the meaning of MCL 750.520a(j), "the prosecution is required to produce evidence from which a rational trier of fact could conclude, beyond a reasonable doubt, that the victim experienced extreme or excruciating pain, distress, or suffering of the mind." Petrella, supra, 424 Mich 257, The following factors may be considered in determining whether mental anguish has been proven beyond a reasonable doubt:
(1) Testimony that the victim was upset, crying, sobbing, or hysterical during or after the assault.
(2) The need by the victim for psychiatric or psychological care or treatment.
(3) Some interference with the victim's ability to conduct a normal life, such as absence from the workplace.
(4) Fear for the victim's life or safety, or that of those near to her.
(5) Feelings of anger and humiliation by the victim.
(6) Evidence that the victim was prescribed som
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