State v. Alcantar

Defendant appeals a judgment of conviction for first-degree rape, ORS 163.375, and first-degree sodomy, ORS 163.405, in connection with his and a codefendant’s sexual assault of a woman at a party. On appeal, defendant assigns error to the exclusion of evidence that the victim engaged in sexual behavior toward other men earlier on the night of the incident.1 More specifically, defendant argues that the trial court erred by ruling that the evidence was “past sexual behavior” for purposes of Oregon’s rape shield statute, OEC 412 (2011), which makes evidence of a victim’s past sexual behavior…