The Oregon Court of Appeals has overturned the conviction of a man found guilty of sodomy and sex abuse after it ruled a lower court erroneously allowed a previous victim of his to testify.
Prosecutors said the previous conviction was necessary to show Javier Roquez knew what he was doing was a crime. Roquez's defense team said the conviction, from 2006, should have been inadmissible because it wasn't related to the new rape case.
Roquez was accused of raping a woman with whom he was having an affair in May 2010 in the Oregon city of Irrigon. According to the original police report, Roquez and the woman were each married to other people, and their families were friends.
The woman, who lived in Kennewick, Wash., decided to call off the affair, but said Roquez threatened to tell their spouses unless she would have sex with him a last time. During intercourse, the woman said she tried to leave but Roquez refused to let her go, despite her pleas, and said the sex turned violent.
A doctor later examined her and found evidence of sexual assault. Roquez was charged with one count of first-degree rape, one count of first-degree sodomy and two counts of second-degree sexual abuse.