State v. Francis

Appealing from his conviction for rape, defendant assigns as error the trial court’s exclusion of evidence of partial responsibility and failure to instruct on that issue.

ORS 161.300 provides:

"Evidence that the actor suffered from a mental disease or defect is admissible whenever it is relevant to the issue of whether he did or did not have the intent which is an element of the crime.”

The statutes defining rape, ORS 163.355-163.375, do not specify any culpable mental state. "* * * [C]ulpability is nonetheless required and is established only if a person acts intentionally, knowingly,…