State v. Mead

Sexual contact as required for a conviction under ORS 163.427(1)(a)(A) means “any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.” ORS 163.305(6).

A unanimous jury found Defendant guilty of two counts first-degree rape, four counts first-degree sexual abuse, and one count first-degree sodomy. Defendant appealed and argued the lower court erred when they denied his motions for judgment of acquittal because there was only enough evidence to prove two counts of sexual abuse. In response, the state argued there was ample evidence showing all four convictions against Defendant. Sexual contact as required for a conviction under ORS 163.427(1)(a)(A) means “any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.” ORS 163.305(6). The Court held that there was sufficient evidence via M’s interview with CARES and M’s own testimony for a rational trier of fact to have found that defendant touched M in a way that constituted first-degree sexual abuse in all four instances. Affirmed.