State v. Sewell

Defendant seeks reversal of a judgment convicting him of two counts of third-degree sexual abuse, ORS 163.415; one count of furnishing alcohol to a minor, ORS 471.410(2); and one count of contributing to the sexual delinquency of a minor, ORS 163.431. He argues that the trial court should have excluded, under OEC 403, the victim’s testimony that defendant refused to use a condom during four of their sexual encounters. In a previous appeal, we reversed defendant’s convictions and remanded to the trial court after accepting the state’s concession that the trial court had failed to analyze the…