Description: McMinnville, Oregon criminal defense lawyer represented the Defendant charged with f third-degree rape, ORS 163.355, third-degree sodomy, ORS 163.385, and third-degree sexual abuse, ORS 163.415.

Defendant was found guilty of third-degree rape for having vaginal intercourse with a 14-year-old girl. He was found guilty of third-degree sodomy for having oral intercourse with the same girl during the same incident. He was found guilty of sexual abuse based on one of those same acts of intercourse.[1] At sentencing, the trial court imposed concurrent sentences on all three counts, stating that, although separate convictions were appropriate (an implicit reference to merger law), consecutive sentences were not. The court noted in that context that the sexual abuse verdict did not merge with the other verdicts because the sexual purpose required for sexual abuse is not an element of rape or sodomy. On appeal, defendant argues for the first time that the trial court erred in failing to merge the sexual abuse verdict into one of the other verdicts.

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Legal issue Can verdicts for rape, sodomy, and sexual abuse be merged when they arise from the same incident but involve different statutory elements?

Key Phrases Third-degree rape. Third-degree sodomy. Sexual abuse verdict. Merger ruling. Plain-error review.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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