State v. Wolfe

Defendant was convicted of the rape of his twelve-year-old stepdaughter. ORS 163.375. He appeals the admission of hearsay statements and the denial of his motions for mistrial and for judgment of acquittal.

The victim lived with her mother and defendant, who was her stepfather. She testified that defendant called her into his bedroom in the morning, removed her nightgown and had sexual intercourse with her. She stated that defendant’s erect penis penetrated her vagina. Rachel Clark, a friend of the victim, was staying with her on the night of the offense. She testified that the next morning…