State v. Anderson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 07-30-2014
  • Case #: A152945
  • Judge(s)/Court Below: Garret, J. for the Court; DeVore, P.J.; & Haselton, C.J.
  • Full Text Opinion

Under ORS 163.415, the requirement that the victim not give consent is not a mens rea issue.

Defendant was convicted of one count of sexual abuse in the third degree. Defendant argued that under ORS 163.415(1)(a)(A), the lack of consent required to constitute the crime should be a mens rea issue for the jury to decide on. The trial court refused to give the jury such an instruction. On appeal, the Court held the trial court did not err as this was not a proper reading of the statute. Affirmed.

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