State v. Niles

Defendant appeals his conviction for first degree rape. ORS 163.375. The issue is whether evidence of the victim’s prior sexual conduct with others should have been admitted. We affirm.

Certain facts are undisputed. The victim worked as a waitress from 8 a.m. until 2:30 p.m. at the Candlelight restaurant. She then joined some friends for drinking, dancing, rolling dice and “playing pulltabs” in the Candlelight’s lounge. Her boyfriend reached her by telephone and told her to call him when she needed a ride home. Around 8 p.m., she called him, but no one answered. Defendant, who the victim knew…