Oregon v. Ofodrinwa
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In 2007, a Portland police officer investigated a dispute between defendant and his girlfriend. During that investigation, the officer learned that defendant was 21 years old and that his girlfriend (victim) was 16. Defendant admitted to the officer that he had had sexual intercourse with the victim on several occasions during the previous year. Given that information, a grand jury indicted defendant for four counts of second-degree sexual abuse. Specifically, on four occasions "on or between December 11, 2006 to December 24, 1 2007," defendant "unlawfully and knowingly subject[ed the victim] to sexual intercourse, [the victim] not consenting thereto by reason of being under 18 years of age." Defendant waived his right to a jury trial, and the parties tried the charges to the court. The issue in before the Supreme Court in this case was what the phrase "does not consent" meant: defendant argued that it referred only to those instances in which the victim does not actually consent; the state responded that it also includes instances in which the victim lacks the capacity to consent. The trial court agreed with the state and convicted defendant of second-degree sexual abuse. The Court of Appeals affirmed. Upon review, the Supreme Court agreed with the appellate court's decision and affirmed.
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