ORS 163.355¹

Rape in the third degree

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

[Former] 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)

Convic­tion under this sec­tion and consequent deporta­tion may not form basis for illegal reentry charge under 8 U.S.C. 1326 because, under categorical approach, crime under this sec­tion is not “ag­gra­vat­ed felony” as defined in 8 U.S.C. 1101(a)(43)(A). United States v. Gaspar-Juarez, 291 F. Supp. 3d 1186 (D. Or. 2018)

Notes of Decisions

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

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)

Law Review Cita­tions

51 OLR 427-637 (1972)