State v. Enakiev

Defendant appeals from a judgment of conviction for one count of harassment, ORS 166.065(1), and one count of harassment by touching the sexual or intimate parts of another. ORS 166.065(4). Defendant assigns error to the trial court’s refusal, under OEC 404(2)(a), to allow him to present evidence of his character for sexual propriety. We agree with defendant that the court erred in excluding the proffered character evidence and that the error was not harmless. Accordingly, we reverse and remand for a new trial.

This prosecution arose from interactions between defendant and the complainant, D,…