State v. Bender

Defendant was charged with rape in the first degree, ORS 163.375, and kidnapping in the second degree, ORS 163.225. The alleged victim of both offenses is defendant’s estranged wife. Defendant moved, before trial, for an order under OEC 412 permitting him to introduce evidence of the victim’s past sexual behavior not related to the incident named in the indictment. The court allowed the motion, and the state appeals. OEC 412(3)(c).

The victim made a complaint to the police department that her husband, from whom she was separated, had forced her to have sexual intercourse. She stated that…