State v. Stamper

ORS 163.425 provides that a person commits the crime of sexual abuse in the second degree “when that person subjects another person to sexual intercourse * * * and the victim does not consent thereto.” At issue in this case is the meaning of the phrase “and the victim does not consent thereto.” It is a question of first impression and a difficult one at that. Defendant argues that the statute requires the state to prove that the victim did not actually consent and that the trial court erred in concluding otherwise. The state argues that it is sufficient that there is proof that the victim was…