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North Carolina v. Thomas11/19/1992
or reduced to second-degree sexual offense. We do not agree.
The pertinent portion of the sexual offense statute is as follows:
§ 14-27.4. First-degree sexual offense.
(a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:
(2) With another person by force and against the will of the other person, and:
b. Inflicts serious personal injury upon the victim or another person[.]
N.C.G.S. § 14-27.4 (1986).
In determining whether serious personal injury has been inflicted, the court must consider the particular facts of each case. State v. Herring, 322 N.C. 733, 739, 370 S.E.2d 363, 367 (1988). The element of infliction of serious personal injury is satisfied
when there is a series of incidents forming one continuous transaction between the rape or sexual offense and the infliction of the serious personal injury . Such incidents include injury inflicted on the victim to overcome resistance or to obtain submission, injury inflicted upon the victim or another in an attempt to commit the crimes or in furtherance of the crimes of rape or sexual offense, or injury inflicted upon the victim
or another for the purpose of concealing the crimes or to aid in the assailant's escape.
State v. Blackstock, 314 N.C. 232, 242, 333 S.E.2d 245, 252 (1985). The injury must fall short of causing death. State v. Boone, 307 N.C. 198, 203, 297 S.E.2d 585, 588 (1982).
In the case sub judice, Dr. Charles Garrett, the regional pathologist, performed the autopsy on the victim and testified on behalf of the State. Dr. Garrett first performed an external examination of the body, noting any injuries or damage to the exterior. He noted, in part, a large area of reddish purple bruising along the jaw line and a linear one-half inch abrasion or scraping of the skin on the right side of the victim's face and jaw. There was a three-quarter inch laceration or tearing on the outer portion of the right eyelid and a one-half inch laceration or tearing above the eyebrow on the forehead. The victim's right upper lip had two, three-eighths-inch lacerations all the way through the lip. On the left occipital scalp, there was a one and a half inch bursting type laceration. On the back of the right hand, there was a five- by three-inch reddish purple bruise with blood under the skin. There were bruises on the outside portion of the left breast, and in a linear line, there was a scrape below the breast, with multiple small lacerations or tears; this covered an area of five by two and a half inches. There were deep lacerations or tears into the nipple. Dr. Garrett, as a result of both the external and internal autopsy, concluded that the cause of death was loss of blood from the lacerated blood vessels in the area of the victim's pelvis, kidney, and colon caused by the internal injuries.
Heidi Crossley testified that she was unable to recognize the victim when asked to identify the body because she had been so badly beaten. She eventually identified the victim solely because of a uniquely shaped mole on her face.
In addition, the statement given by defendant to Detective Lamm supports the Conclusion that the victim suffered serious injury. Defendant stated that not only did he hit the victim in the head to the point that she was bleeding from the mouth and the side of the head, but he bit her breasts until they were bleeding. At this point, defendant stated that the victim told him that she knew that sh
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