State v. Bass

The state appeals from a pretrial order granting defendant’s motion under OEC 412 to admit evidence of past sexual conduct by the alleged victim of the crime of rape in the first degree. The trial judge ruled that certain details of the alleged rape victim’s sexual history were relevant and admissible under OEC 412(2) (b) (A) as evidence of a possible motive falsely to accuse defendant of rape. We reverse.

Defendant claims that the alleged victim falsely accused him of rape, because he had threatened to interfere with her pecuniary sexual relationship with another man by harassing the other…