State v. Fowler

Defendant was charged with three counts of first-degree sodomy, ORS 163.405, and six counts of third-degree sexual abuse, ORS 163.415. The state appeals a pretrial order, issued pursuant to OEC 412, 1 granting defendant’s motion to allow admission of evidence of the past sexual behavior of the alleged victim, the teenaged daughter of defendant’s girlfriend. We reverse.

The relevant facts are largely procedural and not disputed. Defendant was charged in January 2005 based on conduct that allegedly occurred between June 1, 2003 and September 30, 2004, when the alleged victim was in the eighth…