State v. Reed

*241DE MUNIZ, J.

The issue in this criminal case is whether the state introduced evidence sufficient at trial to establish that defendant had engaged in prohibited sexual activity because the victim had been “incapable of consenting” to certain sexual acts by reason of mental defect under ORS 163.427(1)(a)(C) (first-degree sexual abuse), ORS 163.411(1)(c) (first-degree unlawful sexual penetration), ORS 163.375(1)(d) (first-degree rape), and ORS 163.315(l)(b) (“incapacity” statute). At trial, defendant moved for a judgment of acquittal with respect to the foregoing offenses, asserting that the…