State v. Green

Defendant appeals his jury convictions of rape in the first degree (ORS 163.375) and sodomy in the first degree (ORS 163.405).

The thrust of defendant’s case at trial was that without being subjected to force or threat complainant had consented to his sexual advances. Defendant and complainant presented markedly different interpretations of the events in the incident. Complainant was hitchhiking in Portland. Defendant picked her up and agreed to take her to an address several miles away. As they were driving along the freeway, defendant propositioned her. He testified that she did not reply.…