Notes of Decisions
Where defendant was charged only with sodomy and jury could not rationally and consistently conclude that he intended only sexual abuse, evidence did not support instruction for attempted sexual abuse. State v. Fox, 111 Or App 362, 826 P2d 89 (1992), Sup Ct review denied
Photographs of victims partially nude bodies were sufficient to show substantial step toward commission of sexual abuse in first degree. State v. Williams, 313 Or 19, 828 P2d 1006 (1992)
Proof of incapacity to consent also proves element of lack of consent for lesser included offense of sexual abuse in third degree (ORS 163.415 (Sexual abuse in the third degree)). State v. Barnes, 209 Or App 332, 147 P3d 936 (2006), Sup Ct review denied
Harassment by touching sexual or intimate parts of another (ORS 166.065 (Harassment)) is not lesser included offense of sexual abuse in first degree. State v. Barnes, 209 Or App 332, 147 P3d 936 (2006), Sup Ct review denied
Presence of more than one element that converts lower degree of sexual abuse to higher degree of sexual abuse does not convert defendants single act into separate crimes. State v. Parkins, 346 Or 333, 211 P3d 262 (2009)
Subjected to forcible compulsion describes conduct that is material element requiring proof of culpable mental state. State v. Nelson, 241 Or App 681, 251 P3d 240 (2011)
To be forcible compulsion, act must cause or result in particular instance of sexual contact that is focus of charge. State v. Marshall, 350 Or 208, 253 P3d 1017 (2011)
Use of Physical Force Constitutes Forcible Compulsion Is
1) greater in degree or different in kind from simple act of touching intimate part of another; and 2) sufficient to compel victim to submit to or engage in sexual contact against victims will. State v. Marshall, 350 Or 208, 253 P3d 1017 (2011)
Notes of Decisions
Under evidence that defendant intentionally touched victims buttocks through clothing, whether such conduct constituted sexual contact of victims intimate parts was question for jury. State v. Buller, 31 Or App 889, 581 P2d 1263 (1977)
Genitalia and breasts are intimate parts as matter of law under this section, and undeveloped genitalia and breasts of children are included within definition. State v. Turner, 33 Or App 157, 575 P2d 1007 (1978), Sup Ct review denied
Rule that state is not permitted to introduce evidence of other crimes or bad acts solely to prove defendant acted as on prior occasions is strictly applied in sex crime cases, even those involving deviate sexual behavior, in so far as conduct with persons other than victim is concerned. State v. Sicks, 33 Or App 435, 576 P2d 834 (1978)
Law Review Citations
51 OLR 428, 518-522, 555 (1972)
Chapter 163
Law Review Citations
51 OLR 427-637 (1972)
