State v. Potts

Defendant appeals from a judgment convicting him of two counts of first-degree sexual abuse. ORS 163.427. He contends that the trial court erred in admitting, in the absence of any physical signs of abuse, a medical diagnosis that the victim had been sexually abused. See State v. Southard, 347 Or 127, 218 P3d 104 (2009). In addition, citing State v. Lupoli, 348 Or 346, 234 P3d 117 (2010), defendant asserts that the doctor’s “explanation of the basis of her diagnosis should have been excluded, because it constituted an impermissible comment on the credibility of the victim witness.” Although…