State v. Gherasim

The issue in this criminal case is whether the trial court erred by not allowing defendant’s expert witness to testify that the victim suffered from dissociative amnesia. The Court of Appeals held that the trial court erred and reversed and remanded the case for a new trial. State v. Gherasim, 153 Or App 313, 956 P2d 1054 (1998). We affirm.

Defendant was charged with first-degree kidnaping, ORS 163.235; attempted first-degree rape, ORS 161.405 and ORS 163.375; first-degree sex abuse, ORS 163.427; fourth-degree assault, ORS 163.160; and menacing, ORS 163.190. It is uncontested that the victim…