NCJ Number
39382
Journal
Oregon Law Review Volume: 55 Issue: 4 Dated: (1976) Pages: 493-518
Date Published
1976
Length
26 pages
Annotation
EXAMINES AND EVALUATES ADMISSIBLE AND PROHIBITED EVIDENCE COVERED BY OREGON'S 1975 SEXUAL OFFENSES EVIDENCE LAW.
Abstract
THE FOUR TYPES OF EVIDENCE DISCUSSED ARE VIEWED AGAINST THE FOLLOWING BACKGROUNDS: OREGON LAW PRIOR TO 1975, COMMON LAW PRINCIPLES OF EVIDENCE, STATUTES OF OTHER STATES, AND CONSTITUTIONAL PRINCIPLES OF DUE PROCESS AND RIGHT TO CONFRONTATION. NEITHER EVIDENCE OF THE COMPLAINT'S SEXUAL CHARACTER NOR EVIDENCE OF PREVIOUS SEXUAL CONDUCT OF THE COMPLAINANT WITH PERSONS OTHER THAN THE DEFENDANT CAN BE OFFERED AS TESTIMONY IN AN OREGON COURT OF LAW. THE AUTHOR WEIGHS THE CONSEQUENCES OF PROTECTING THE INTERESTS OF THE COMPLAINANT WITH THIS IMPOSITION AGAINST THE IMPORTANCE OF INFORMATION TO THE DEFENDANT'S ACHIEVEMENT OF A LINE OF DEFENSE. THE AUTHOR CONCLUDES THAT THE STATUTE IS NOT CONSTITUTIONALLY OFFENSIVE. HOWEVER, ITS APPLICATION TO SEXUAL OFFENSES SHOULD BE READ LITERALLY, AND THE INCHOATE CRIME OF ATTEMPT SHOULD BE EXCLUDED FROM THE STATUTE'S COVERAGE. (AUTHOR ABSTRACT MODIFIED)...KAP