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Court of Appeals of South Carolina. Heard November 5, Decided December 9,

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Cunnilingus in: the novelist’s lexicon

Stephen v. As to a second victim, she declared the defendant touched her and it "made [her] feel bad. Cunnilignus court applied the dictionary definition and determined that the meaning[] of "cunnilingus" Statutes must be read as a whole and sections which are part of the same general statutory scheme must be construed together and each given effect, if it can be done by any reasonable construction. In arriving at this intent, we look first to the ordinary meaning of the word.

State, 63 Md. Blom, N.

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Courts from other jurisdictions have rejected arguments concerning the necessity of vaginal penetration in the act of cunnilingus. At that meeting, the victim again stated Morgan had sexually abused her. Nevertheless, the victim declared it had "hurt" when Morgan touched her with his penis.

Finally, our sister state of North Carolina, in the case of State v. The determination of legislative intent is a matter of law. Avins Constr.

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Condrey, S. Statutory Construction Penal statutes are strictly construed against the State and in favor of the defendant. Cunnilingus is medically defined as "sexual stimulation by licking or kissing the vulva or clitoris; a type of oral genital sexual activity. If there is any direct evidence or any substantial circumstantial evidence reasonably tending cunnilingu prove the guilt of the accused, this Court must find the case was properly submitted to the jury. Patterson, S.

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We think, rather, that given the possible interpretations of the word as ordinarily used, the Legislature intended to adopt that usage which would avoid these difficulties. Ludlum, N. Holley v. Williams, S.

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Therefore, the trial judge properly permitted the case to go to the jury regarding whether Morgan committed the offense of criminal sexual conduct with a minor. According to Gray's Anatomy, 28th Edition, at pp.

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The outermost of these are the labia majora. Gray's Anatomy also teaches that the term "vulva, as generally applied, includes all these parts" in addition to the vestibule of the vagina, the bulb of the vestibule, and the greater vestibule glands.

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At the conclusion of the State's case, Morgan moved for a directed verdict, contending conviction for CSC with a minor required evidence of intrusion or penetration and that no such evidence existed. Court of Appeals of South Carolina. After testifying in his own defense, Morgan renewed his directed verdict motion, which the judge denied as to the cunnilingus allegation.

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However, if the language of an act gives rise to doubt or uncertainty as to legislative intent, the construing court may search for that intent beyond the borders of the act itself. Benoit, 26 Mass. The "vulva" is defined as the covering "of the external genitalia of the female. Southern Mut. The cardinal rule of statutory cunnilijgus is to ascertain and effectuate the legislative intent whenever possible.

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City of Sumter Police Dep't, S. The next day, Morgan was arrested. The victim testified during the State's case-in-chief.

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In that case, the Court found the evidence was insufficient to create a jury issue on penetration. The terms must be construed in context and their meaning determined by looking at the other terms used in the statute. Gaster, S.

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