People v. Superior Court (Duval)

In People v. Superior Court (Duval) (1988) 198 Cal.App.3d 1121, a high school vice-principal was charged with various sex crimes, including statutory rape with two students. One of the students, a 15-year-old sophomore, became pregnant and had an abortion. In addition to the allegations for the substantive offenses, the People alleged that the defendant intentionally inflicted great bodily injury under a former version of section 12022.7. The trial court dismissed this allegation and the People filed a petition for writ of mandate. Although the appellate court affirmed the trial court's dismissal based on a lack of specific intent to impregnate the victim, required under former section 12022.7, the court agreed with Sargent that pregnancy constituted GBI. (Duval, at pp. 1132, 1134.) The court in Duval specifically held, "pregnancy, abortion, or venereal disease constitute injury significantly and substantially beyond that necessarily present in the commission of an act of unlawful sexual intercourse." (Id. at p. 1131.)