In a medical malpractice case, what is the current state of the law on "penetration for the purpose of causing pain or discomfort"?
California, United States of America
The following excerpt is from People v. Ortiz-Calderon, A138987 (Cal. App. 2015):
In any event, any instructional error was harmless under any standard. (Chapman v. California, supra, 386 U.S. 18; People v. Watson, supra, 46 Cal.2d at p. 836.) Differding testified that when defendant put his fingers inside her vagina, he seemed to reach all the way up to her stomach and that her pain was "so bad." Differding felt pain in her vagina for a week after the incident, and it "hurt to go to the bathroom." We find the evidence was overwhelming in support of the jury's finding of "penetration for the purpose of causing pain [or] injury" (CALCRIM No. 1045), and not merely "discomfort." Under any reasonable definition of abuse, defendant's conduct was abusive.
C. The Flight Instruction.
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