State v. Reed, 343 P.3d 680

Defendant, adult, raped his intellectually disabled daughter who cannot speak or perform daily functions; victim became pregnant.
Victim is defendant’s daughter; defendant acted as primary caretaker and performed bathing and diapering; sexual intercourse occurred on multiple occasions.
Police were alerted after defendant told his wife about the sexual contact; wife reported it and defendant admitted to police.
Charges: two counts of first-degree rape, two counts of first-degree sexual abuse, two counts of incest; trial focused on whether the victim could consent due to mental defect or physical helplessness.
Evidence included a video of the victim and expert Balduzzi testifying that the victim was not competent to consent; trial court held the testimony admissible under OEC 702/401 after a Brown/O’Key hearing.
Court analyzed SCEA tool used by Balduzzi; found the evidence relevant, scientifically valid under Brown/O’Key, and admissible; defendant was acquitted of one rape and one incest count.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Balduzzi’s SCEA-based opinion was scientifically valid and admissible	Balduzzi’s method is scientifically valid under Brown/O’Key.	SCEA lacks sufficient scientific reliability and validity.	Evidence deemed scientifically valid and admissible.

State v. Reed, 339 Or 239 (2005) (defines mental defect standard for consent appraisal)
State v. Brown, 297 Or 404 (1984) (multifactor framework for scientific evidence admissibility)
State v. O’Key, 321 Or 285 (1995) (multi-factor test for scientific validity of expert evidence)
State v. Sampson, 167 Or App 489 (2000) (non-exclusive factors for evaluating science-based evidence)
State v. Perry, 347 Or 110 (2009) (reaffirms Brown/O’Key framework and flexible analysis)
State v. Lyons, 324 Or 256 (1996) (use of tests and reliability considerations in admissibility)
State v. Romero, 191 Or App 164 (2003) (comments on use and limits of specialized testing in forensic context)