State v. Henley

Defendant appeals a judgment of conviction for sexual abuse in the first degree, ORS 163.427, and attempted sodomy in the first degree, ORS 163.405, for engaging in sexual behavior with the victim, his 11-year-old stepdaughter. On appeal, defendant assigns error to the trial court’s admission of testimony that defendant’s act of massaging the victim’s chest, which occurred sometime before the sexual abuse, could constitute sexual “grooming.” Defendant argues that the court erred because the witness who testified about the grooming was not a qualified expert and because the state failed to lay…