If he strangulation resulted in the woman passng out? If so 2nd degree is all you can charge him with due to the physical incapacity of the victim. Then there's the pregnancy itself which poses a physical incapacity.
14‑27.3. Second‑degree rape.
(a) A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class C felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 5; 1981, cc. 63, 179; 1993, c. 539, s. 1130; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(b); 2004‑128, s. 8.)
Of course the victim should remain anonymous so we might never know her true condition - but there was no mention of a weapon.
But strangulation? That could lead to passing out.
I just hope the victim can recover. What a nightmare for her.
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