State v. Davis

Defendant was convicted by a jury of first degree rape, ORS 163.375. The alleged victim was his daughter’s 13-year-old friend. Defendant assigns as errors the admission of testimony concerning prior sexual contact between defendant and young girls other than the alleged victim and the admission of a photograph taken by defendant of his daughter posing in the nude. We reverse.

The state concedes error in the admission of the photograph of defendant’s daughter, but argues that the error was harmless. Because on retrial that error is not likely to recur, we do not discuss that contention.

In State…