State v. Ovendale

Defendant appeals a judgment of conviction for one count of first-degree sodomy, ORS 163.405, and one count of first-degree sexual abuse, ORS 163.427. He raises four assignments of error, all but one of which we reject without discussion. We write to address only defendant’s contention that the trial court erred in admitting a diagnosis of “sexual abuse” into evidence during his jury trial. Defendant argues that, under State v. Southard, 347 Or 127, 218 P3d 104 (2009), a diagnosis of “sexual abuse” is never admissible in a criminal prosecution for sexual abuse. Alternatively, he argues that…