State v. Reiter

Defendant was convicted of rape and sodomy. He and complainant gave roughly similar accounts of the incident, except that complainant claimed that she was forced to engage in sex acts, and he contended that she did so voluntarily. A fact that is important to defendant’s consent defense is that, one week prior to the alleged rape, defendant and complainant had sexual intercourse. That act was consensual and, like the alleged rape, took place in defendant’s car.

Defendant failed to comply with the notice requirement of OEC 412(3)(a), 1 because he did not give the prosecutor notice of an…