Sentencing; Scoring of 10 points for OV 4; Whether the victim suffered severe psychological injury requiring professional treatment

Holding that the trial court did not err in concluding that there was sufficient evidence the victim “suffered a serious psychological injury that could require professional treatment” to support a 10-point score for OV 4, the court affirmed. Defendant, who was convicted of CSC III, argued “there was insufficient evidence to prove by a preponderance of the evidence that the victim suffered severe psychological injury requiring professional treatment.” The victim stated that she felt an inability to trust others, even those closest to her, as a result of the sexual assault. Her statements as to “the impact of defendant’s actions in causing her inability to trust others supported a finding that the victim suffered a psychological injury.” Also, although she “admitted that she did not attend counseling, she stated that she thought about participating in counseling and believed that she should have sought counseling. Despite the victim’s decision not to seek counseling, the fact that she considered counseling as a treatment for her personality change in being unable to trust those around her supports a finding that she suffered a serious psychological injury that could require professional treatment.”