State v. Anderson

Defendant appeals his convictions for rape in the first degree, ORS 163.375, and sodomy in the first degree, ORS 163.405. The basis of the conviction was the victim’s incapacity to consent because of mental defect. 1 We affirm.

On July 22,1992, the victim, a mentally retarded and hearing-impaired 25 year old, went to a tavern in Corvallis. As she walked from the tavern early in the morning of July 23, defendant drove up and stopped his car. He told the victim to get into the car, saying that he would take her home. Defendant, who was drunk, drove to a nearby school and parked the car.…