State v. Pigg

Defendant appeals his conviction for sexual abuse in the first degree. ORS 163.425. He contends that the court erred in permitting the state to introduce, in its case in chief, evidence of defendant’s pre-arrest silence for the purpose of demonstrating his consciousness of guilt. We reverse.

Defendant was accused of sexually molesting the nine-year old daughter of his former domestic associate. The investigating officer contacted defendant on March 14, 1985, and informed him that he had been accused of sexually molesting and having sexual intercourse with the victim. He immediately denied the…