State v. Bauman

Defendant was convicted by a jury of sexual abuse in the first degree. ORS 163.425. He appeals, making three assignments of error. We affirm.

The victim was three years old at the time of the alleged abuse and four years old at the time of trial. Her mother left her in the care of a babysitter while she was at work. Defendant lived with the babysitter and allegedly sexually abused the child while she was in the babysitter’s care.

Defendant first assigns error to the trial court’s denial of his motion to strike the child’s testimony as incompetent. OEC 601 provides that “[a]ny person who, having…