State v. Tricker

Defendant appeals from his conviction of first-degree rape, ORS 163.375(l)(c), and the resulting sentence.

Defendant was charged with having engaged in sexual intercourse with his daughter, who was at the time under the age of 16. He contends that the trial court erred in failing to order, on its own motion, a judgment of acquittal, arguing that there was no evidence of penetration. His daughter testified:

"* * * I went into the camper and Dad was there, and he locked the door and he started to kiss me and started to undress me. He took my clothes off and made me kneel down on the floor of the…