State v. McKay

Defendant is charged with sexual abuse of his stepdaughter. ORS 163.415. Before trial, the state moved to allow testimony by the victim about sexual contacts between her and defendant on several occasions, beginning when she was 10 years old and ending when she was about 13. She was 15 when the incident giving rise to this charge occurred.

The trial court denied the state’s motion and excluded the evidence. The state appealed to the Court of Appeals, which reversed the decision of the trial judge. State v. McKay, 97 Or App 590, 776 P2d 1316 (1989). In doing so, the Court of Appeals engaged in…