What is the test for physical injury in a sexual assault case?

Of course, at the pleading stage, which generally takes place very shortly after the alleged incident occurred, the court is cognizant of the possibility that the extent of injuries sustained by a complainant may not be known. ( See People v. Henderson, 92 N.Y.2d 677, 680-81, 685 N.Y.S.2d 409, 708 N.E.2d 165 [1999].) However, this does not negate

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the need for some description of the physical injury endured beyond an empty allegation that the complainant experienced substantial pain. ( See id. (at pleading stage, shortly after alleged assault, injuries may not have fully manifested such that allegations of substantial pain, swelling and contusions, following kicks, deemed sufficient to constitute "physical injury").)

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