State v. Eggleston

The issue presented by this appeal is whether in a prosecution for rape, sodomy and sexual abuse, ORS 163.475 prevents the state from introducing evidence of prior sexual acts between the defendant and a prosecutrix.

Upon trial by jury, defendant was convicted of two counts of statutory rape, two counts of sodomy and one count of sexual abuse. The two prosecutrices involved were both under the age of 12 at the time the incidents occurred. At trial, defendant, relying on ORS 163.475, moved the trial court to exclude from evidence all reference to prior sexual acts which had occurred between…