State v. Routh

Defendants’ joint jury trial resulted in convictions for first-degree rape.

The indictments alleged defendants "* * * did unlawfully and knowingly, by forcible compulsion, engage in sexual intercourse with [the victim], a female * * Defendants demurred on the ground that the indictments do not allege they are males.

The rape statutes repeatedly use the term "male.” ORS 163.355 to 163.375. However, the gender of the defendant is not an element of the offense because a woman could be liable as an accessory. Proposed Oregon Criminal Code 113, Commentary (1970). And even if gender were an element…