State v. Harvey

Defendant appealed convictions on two counts of rape in the first degree and two counts of sodomy in the first degree committed on two separate dates by forcibly compelling sexual acts between his 14-year-old son and 11-year-old stepdaughter. The Court of Appeals affirmed the convictions of sodomy but reversed the rape convictions because defendant was not the male who committed the sexual acts. State v. Harvey, 82 Or App 595, 728 P2d 940 (1986). Having allowed the state’s petition for review, we reverse the decision of the Court of Appeals and reinstate the rape convictions.

The Oregon…