State v. Ofodrinwa
300 P.3d 154
| Or. | 2013Background
- Defendant, 21, faced four counts of second-degree sexual abuse based on victimage (victim 16) under ORS 163.425(1) (2005).
- State relied on victim’s age to prove lack of capacity to consent; no evidence of lack of actual consent.
- Trial court acquitted on some charges due to corroboration issues; convicted on one charge where confessions corroborated.
- Court of Appeals affirmed; issue centered on interpreting the phrase “does not consent” in ORS 163.425.
- 1983 amendment created first-degree sexual abuse ground; 1991 amendment reclassified degrees and added an age-based defense; question whether text/history resolve meaning of “does not consent.”
- Oregon Supreme Court affirms lower courts and adopts interpretation that “does not consent” includes lack of capacity to consent due to age as well as lack of actual consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of does not consent in ORS 163.425 | State contends includes lack of capacity to consent | Ofodrinwa contends only lack of actual consent | Includes lack of capacity due to age and lack of actual consent |
| Effect of 1983 amendment on does not consent | Text suggests only lack of actual consent | Text/context ambiguous; history supports defendant | Context and history favor defendant's reading that does not consent covers capacity and actual consent |
| Effect of 1991 amendment on does not consent | Defense should apply only to capacity due to age | 1991 amendment confirms does not consent includes age-based incapacity; controls meaning | |
| Does absence of consent conflict with other offenses | No fatal conflict; framework aligns with age-based classifications |
Key Cases Cited
- State v. Stamper, 197 Or App 413 (2005) (interprets does not consent to include lack of capacity due to age (rev den))
- State v. Landino, 38 Or App 447 (1979) (holds does not consent covers lack of capacity due to age (Landino))
- State v. Swanson, 351 Or 286 (2011) (legislation defining crime and lesser-included offenses; requests context of later amendments)
- State v. Gaines, 346 Or 160 (2009) (statutory construction methodology for legislative intent)
- Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 322 Or 406 (1989) (consideration of legislative history in statutory interpretation)
- DeFazio v. WPPSS, 296 Or 550 (1984) (legislative views as context for interpreting later statutes)