SAN FRANCISCO — A sexual assault that leaves a victim pregnant may be punished more severely than one that did not result in pregnancy, the California Supreme Court ruled unanimously Thursday.
The state court said a pregnancy may be considered “great bodily injury” in ruling on the case of Gary Cross, who repeatedly had sexual intercourse with his 13-year-old stepdaughter. The teen became pregnant and had an abortion.
The jurors at Cross’ trial were told they could find that Cross personally inflicted “great bodily injury,” which mandated a 15-year-to-life sentence instead of a more lenient sentence.
Cross appealed, arguing that a pregnancy without complications could not constitute a substantial injury, nor could an abortion he did not perform.
