State v. D.B.O.

ORS 163.415 provides that a person commits third-degree sexual abuse when they have sexual contact with someone who does not consent with the purpose of sexual arousal. “It is necessary for the state to establish a purpose of sexual arousal [beyond a reasonable doubt] in order to complete proof of the crime.” State v. Fitch, 47 Or App 205, 208, 613 P2d 1108 (1980).

Defendant, a juvenile, appealed a judgment that found he had committed acts that, if committed by an adult, would constitute third-degree sexual abuse under ORS 163.415. On appeal, Defendant assigned error to the adjudication for sexual abuse in the third degree, arguing that the State failed to prove that he sexually contacted the complainant for the purpose of sexual arousal. In response, the State argued that sexual purpose may be established by using circumstantial evidence, and that the record contained sufficient evidence to demonstrate that Defendant had sexual contact with the complainant for the purpose of sexual arousal. ORS 163.415 provides that a person commits third-degree sexual abuse when they have sexual contact with someone who does not consent with the purpose of sexual arousal. “It is necessary for the state to establish a purpose of sexual arousal [beyond a reasonable doubt] in order to complete proof of the crime.” State v. Fitch, 47 Or App 205, 208, 613 P2d 1108 (1980). The Court found that the State had established the requisite sexual intent needed for the crime because Defendant repeatedly touched the complainant’s penis while observing pornography. Thus, the Court held that Defendant had sexual contact with the complainant to cause sexual arousal. Affirmed.