State v. Guckert

Defendant was charged with sexual abuse in the first degree, ORS 163.427.1 The indictment specified that he subjected S.W., “a person who was physically helpless, to sexual contact by touching her vagina, a sexual or intimate part.” He was convicted after a jury trial. On appeal, he assigns error to the trial court’s denial of his motion for a judgment of acquittal (MJOA), arguing that, while evidence supports the inference that he removed a tampon from S.W. while she was unconscious, there is no evidence that, in doing so, he touched her vagina. He also assigns error to the court’s…