329 P.3d 781
Or. Ct. App.2014Background
- Defendant appeals a judgment of conviction for sexual abuse in the first degree under ORS 163.427.
- The State charged first-degree sexual abuse and attempted unlawful sexual penetration; victim and defendant were roommates with a prior romantic relationship.
- Victim awoke during the night to defendant’s hand in her pants/vagina and told him to leave.
- Trial court denied defendant’s motion for judgment of acquittal, ruling evidence showed victim asleep and unable to communicate willingness.
- Evidence showed the victim was asleep at the time of the act, not unconscious per se.
- The court held that asleep is unconscious under ORS 163.305(5) and physically helpless for purposes of ORS 163.427(1)(a)(C), and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a sleeping victim physically helpless under ORS 163.427(1)(a)(C)? | State argues asleep renders physical helpless. | Defendant argues asleep is not unconscious or unable to communicate willingness. | Yes; asleep qualifies as physically helpless, affirming the conviction. |
Key Cases Cited
- State v. Reed, 339 Or 239 (2005) (standards for reviewing sufficiency on judgment of acquittal)
- State v. Gaines, 346 Or 160 (2009) (statutory analysis and interpretation of terms in criminal statutes)
- State v. Oliver, 221 Or App 233 (2008) (dictionary-based interpretation of unconscious/conscious)