State v. Abraham

Defendant appeals his conviction for rape in the first degree. ORS 163.375(1). He assigns as error the trial court’s denial of his request to instruct the jury on second degree sexual abuse, ORS 163.415(1), a lesser included offense. We affirm.1

In February, 1988, defendant and Haley, the victim’s boyfriend, phoned her and asked for cash to bail Haley out of jail. She agreed, and defendant went to her apartment to get the money. Haley was not actually in jail; he and defendant wanted the money to buy cocaine. The two called the victim again early the next morning and asked her to join them at…