State v. Alvarez

Defendant seeks reversal of his conviction for rape in the first degree, ORS 163.375, and sexual abuse in the first degree. ORS 163.425. He assigns error to the admission of hearsay statements made to the child’s treating physician and denial of his motions for judgment of acquittal and for a new trial. We affirm.

The victim is a 5-year-old girl. At the time that the rape allegedly occurred, she lived with her mother and two siblings. Other persons, including defendant, had also lived with them for varying lengths of time. On January 3,1990, a representative of Children’s Services Division…