State v. Washington

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 10-08-2014
• Case #: A149126
• Judge(s)/Court Below: Nakamoto, J. for the Court; Armstrong, P.J.; & Egan, J.

Removal of a victim to a different location as part of a rape is considered the separate offense of kidnapping if the intent behind the move was to limit the victim's freedom and isolate the victim.

Defendant was convicted of first-degree rape, kidnapping, and burglary. Defendant appealed, arguing the trial court erred by denying his motion for a judgment of acquittal for kidnapping, denying his motion to dismiss under ORS 131.135, and denying his motion to dismiss on speedy trial grounds. The Court held that because the kidnapping was intended to substantially limit the victim’s freedom to move and isolate her from the surrounding apartments, it was not incidental to her rape and, therefore, satisfied the necessary elements of kidnapping. The Court further held the trial court’s delay was not unreasonable and the trial was timely commenced, and that the delay between issuing the warrant and trial was not unreasonable. Affirmed.

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