State v. McCapes

Defendant appeals his convictions for three counts of sexual abuse in the third degree. ORS 163.415. He contends that the trial court erred in denying his pretrial motion to exclude evidence. We vacate the convictions and remand for further proceedings.

Defendant was charged with sexual abuse after his daughter, the victim, told a school official and police detectives that defendant had engaged in improper sexual contact with her. The victim related that defendant touched her breast and vaginal areas and that defendant forced her to suck on the nipples of his breasts whenever she wanted a…