- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 06-18-2014
- Case #: A151727
- Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, J.
Defendant was convicted by a jury of sexual assault in the first degree. The victim and defendant had been in a romantic relationship for about one month; after the relationship had ended, victim awoke to find defendant in her bed touching her. Defendant moved for a judgment of acquittal, arguing victim was not “physically unable to communicate willingness,” which was denied. On appeal, defendant argued a distinction between unconscious and asleep, saying that if a person is asleep they are “merely inactive or dormant” and not “physically helpless.” The Court was not persuaded by defendant’s argument and held, regardless of the ability to wake up, a person is physically helpless when asleep. Affirmed.