State v. Bernhardt

Under ORS 163.425(1)(a) for an adult to have deviate sexual intercourse with a minor who is legally incapable of giving consent, the State need not prove the adult exerted control over the minor victim or that the minor victim did not actually consent.

Defendant appeals judgment for conviction for sexual abuse in violation of ORS 163.425. Under ORS 163.425(1)(a) an adult has deviate sexual intercourse with a minor who is legally incapable of giving consent does not require the state to prove the adult exerted control over the minor victim or that the minor victim did not actually consent. Under ORS 163.425 “does not consent” includes sexual conduct with individuals who are legally incapable of consent and it does not matter if the consent is actually against the victim’s will. Under ORS 163.425(1)(a) “subjects” was intended by the legislature to mean “to cause to undergo a particular action or effect.” Therefore the State did not need to prove Defendant exerted control over the victim or that Defendant initiated the deviate sexual intercourse in order to show that Defendant knowingly subjected the victim to deviate sexual intercourse. Affirmed.