State v. Gherasim

Defendant appeals his convictions of kidnaping in the first degree, ORS 163.235; attempted rape in the first degree, ORS 163.375; sexual abuse in the first degree, ORS 163.427; assault in the fourth degree, ORS 163.160; and menacing, ORS 163.190. He asserts principally that the trial court erred in excluding expert testimony that the complainant, Garcia, was affected by dissociative amnesia, a condition that impairs the ability to recall and recount events accurately. We conclude that the exclusion of that evidence was erroneous and that that error was not harmless. Accordingly, we reverse…