State v. White

Defendant is charged with three counts of first-degree unlawful sexual penetration, ORS 163.411; four counts of first-degree rape, ORS 163.375; five counts of first-degree sexual abuse, ORS 163.427; one count of first-degree criminal mistreatment, ORS 163.205; one count of unlawful use of a weapon, ORS 166.220; and one count of strangulation, ORS 163.187. The state appeals a pretrial order that excluded expert testimony regarding the phenomenon of “delayed reporting”1 of abuse on the basis that it was not relevant. Specifically, the trial court ruled that, because defendant did not intend to…