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STATE v. REITER

No. C82-02-33697; CA A26912.

672 P.2d 56 (1983)

65 Or.App. 304

STATE of Oregon, Respondent, v. Edward John REITER, Appellant.

Court of Appeals of Oregon.

Decided November 9, 1983.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

JOSEPH, Chief Judge.

Defendant was convicted of rape and sodomy. He and complainant gave roughly similar accounts of the incident, except that complainant claimed that she was forced to engage in sex acts, and he contended that she did so voluntarily. A fact that is important to defendant's consent defense is that, one week prior to the alleged rape, defendant and complainant had sexual intercourse. That act was consensual and, like the alleged rape, took place in...

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