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STATE v. OFODRINWA

No. CC C080583CR; CA A139764; SC S059446.

300 P.3d 154 (2013)

353 Or. 507

STATE of Oregon, Respondent on Review, v. Eugene Chimezie OFODRINWA, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided April 25, 2013.

Resubmitted January 7, 2013.

Attorney(s) appearing for the Case

Mary M. Reese , Senior Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan , Chief Defender.

Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

KISTLER, J.

A person commits the crime of second-degree sexual abuse when "that person subjects another person to sexual intercourse * * * and the victim does not consent thereto." ORS 163.425(1) (2005).1 The issue in this case is what the phrase "does not consent" means. Defendant argues that it refers only to those instances in which the victim does not actually consent; the state responds that it also includes instances in which the...

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