People v. Bristol

Defendant appeals as of right from a jury conviction of first-degree criminal sexual conduct. MCL 750.520b; MSA 28.788(2).

The victim, a four-year-old girl, in response to questioning by the attending doctor, said that defendant’s penis actually went inside and she had experienced a great deal of pain at that time in the area of the vagina. There was an abrasion of the labia minora. The hymenal ring was intact, but according to the testimony this would not necessarily rule out "penetration”. Testimony was introduced to show that "penetration” of the vagina to a physician would require an entry…