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STATE v. STAMPER

01-1640; A117625.

106 P.3d 172 (2005)

197 Or. App. 413

STATE of Oregon, Respondent, v. Chris Allen STAMPER, Appellant.

Court of Appeals of Oregon.

Decided February 9, 2005.

Attorney(s) appearing for the Case

Donato B. Masaoy, Portland, argued the cause and filed the brief for appellant.

Laura S. Anderson, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

LANDAU, P.J.

ORS 163.425 provides that a person commits the crime of sexual abuse in the second degree "when that person subjects another person to sexual intercourse * * * and the victim does not consent thereto." At issue in this case is the meaning of the phrase "and the victim does not consent thereto." It is a question of first impression and a difficult one at that. Defendant argues that the statute requires the state to prove that the victim did not actually...

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