State v. Ofodrinwa

A person commits the crime of second-degree sexual abuse when “that person subjects another person to sexual intercourse *** and the victim does not consent thereto.” ORS 163.425(1) (2005). The issue in this case is what the phrase “does not consent” means. Defendant argues that it refers only to those instances in which the victim does not actually consent; the state responds that it also includes instances in which the victim lacks the capacity to consent. The trial court agreed with the state and convicted defendant of second-degree sexual abuse. The Court of Appeals affirmed. State v.…