Notes of Decisions
Fact that defendant's reasonable mistake as to age of victim is no defense to charge of rape in the third degree, but is a defense to charge of rape in second or first degree, does not violate equal privileges requirement of Oregon Constitution. State v. Jalo, 72 Or App 479, 696 P2d 14 (1985), Sup Ct review denied
ORS 161.062 was not violated where defendant received six separate convictions and sentences for one count each of first and third degree rape and two counts each of first and third degree sodomy because each of first degree crimes of which defendant was convicted required proof of element not necessary to prove corresponding third degree crime and legislature addressed distinct social concern in enacting each of statutory alternatives on which defendant was convicted. State v. Crotsley, 308 Or 272, 779 P2d 600 (1989)
Notes of Decisions
Under Former Similar Statutes
Person to whom complaint of sexual misconduct was made by prosecuting witness could testify that complaint was made, but could not testify as to details of complaint. State v. Waites, 7 Or App 137, 490 P2d 188 (1971)
There was no rule in this state that either required or prohibited a cautionary instruction concerning the victim's credibility. State v. Stocker, 11 Or App 617, 503 P2d 501 (1972), Sup Ct review denied
This section does not violate equal protection provision of state and federal constitutions. State v. Elmore, 24 Or App 651, 546 P2d 1117 (1976)
In General
Indictments charging defendants with forcible "sexual intercourse with...a female" were sufficient, notwithstanding that indictments did not allege that defendants were males. State v. Routh/Hawkins, 30 Or App 901, 568 P2d 704 (1977), Sup Ct review denied
Completed Citations
State v. Hamilton, 5 Or App 266, 483 P2d 90 (1971), Sup Ct review denied
Law Review Citations
In General
19 WLR 489 (1983)
Notes of Decisions
Under evidence that defendant intentionally touched victim's buttocks through clothing, whether such conduct constituted "sexual contact" of victim's "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)
