State v. Pekarek

Defendant appeals a judgment of conviction for three counts of first-degree sexual abuse, ORS 163.427, and one count of second-degree unlawful sexual penetration, ORS 163.408. He asserts that, in the absence of supporting physical evidence, the trial court erred in admitting evidence that the complainant had been diagnosed as having been sexually abused.1 See State v. Southard, 347 Or 127, 218 P3d 104 (2009). Although defendant acknowledges that he did not preserve that issue before the trial court, he contends that the admission of the diagnosis was plain error under Southard. See ORAP…