State v. Zybach

The issue in this case is whether evidence of encounters with a child victim by an adult defendant after an alleged rape occurred was admissible. The trial court said yes. The Court of Appeals said no. State v. Zybach, 93 Or App 218, 761 P2d 1334 (1988). We reverse the decision of the Court of Appeals.

The victim, then a 13-year-old girl, first met defendant, then age 30, while he was working in her neighborhood in mid-June 1985. After a few days, defendant asked her if she would meet with him. She at first refused, but later in June she encountered defendant at her school. He led her out into…