ORS 163.365¹

Rape in the second degree

Notes of Decisions

This sec­tion does not violate equal protec­tion pro­vi­sion of state and federal Constitu­tions. State v. Elmore, 24 Or App 651, 546 P2d 1117 (1976)

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)