While pregnancy of the complainant is a seriously aggravating factor in sentencing for sexual penetration of a child under 16, the heightened aggravation of pregnancy becoming a reality (as opposed to the risk inherent in unprotected intercourse) has limits and cannot justify a sentence dramatically disproportionate to sentences on very similar charges in the same case. A sentence of 5 years on a single act of penile/vaginal intercourse resulting in pregnancy was manifestly excessive where the same judge imposed 2 years for a very similar single act and 3 years for rolled-up serious offender charges.
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