State v. Galloway

Defendant is charged with rape in the second degree, ORS 163.365, and three counts of sexual abuse in the first degree, ORS 163.427. The state appeals from a pretrial order excluding evidence of statements that defendant’s wife made to the victim regarding what would happen if the victim reported the incident to the authorities. We reverse and remand.

The victim, defendant’s niece, lived with defendant and his wife from October 1995 until January 1997. The sexual contact allegedly took place between November 1, 1995, and December 24,1996, when the victim was 11 and 12 years old. The victim…