State v. Bernhardt

Defendant appeals a judgment of conviction, following a jury trial, for sexual abuse in the second degree in violation of ORS 163.425.1 The jury found defendant guilty for knowingly subjecting the minor victim to deviate sexual intercourse without her consent. In his first assignment of error, defendant argues that the trial court erred when it denied his motion for judgment of acquittal because the state failed to prove that the victim did not consent to deviate sexual intercourse. In his second assignment of error, defendant argues that the trial court erred when it denied his requests to…