State v. Harding, ___ N.C. App. ___, 813 S.E.2d 254 (Mar. 6, 2018)

There was sufficient evidence to support a conviction for first-degree sex offense. The defendant challenged the sufficiency of the evidence with respect to infliction of serious personal injury on the victim. The defendant, a 43-year-old male approximately 5’10” tall with a medium build, physically and sexually assaulted a 22-year-old female, approximately 5’1” tall and weighing only 96 pounds. The defendant unexpectedly grabbed the victim and threw her down a steep, rocky embankment. He punched her face and head numerous times, and straddled her, pinned her down and strangled her. Although he initially ceased his assault when she stopped resisting, he resumed it when she resumed screaming, punching her face and head before forcing her to perform oral sex on him. The victim was diagnosed with a head injury and experienced pain throughout her body for days. She experienced two black eyes, body bruises, and hoarseness in her voice; and she had difficulty concentrating. At trial the victim testified that she continued to have trouble trusting people, opening up to others, and maintaining friendships. Evidence showed that the victim had difficulty concentrating and remembering and suffered from short-term memory loss from the attack, all of which caused her problems at work. This constitutes sufficient evidence of serious personal injury.