A Salem man convicted of raping and sodomizing an incapacitated woman was sentenced to eight years and four months in prison Monday.

A Marion County jury convicted Cristobal Felipe Sarmiento, 29, of first-degree rape and first-degree sodomy following a three-day trial in November. Sarmiento was accused of raping the woman at a house party in June 2015 while she was intoxicated, physically helpless and unable to consent.

According to Oregon law, “physically helpless” means that a person was unconscious or for any other reason is physically unable to communicate unwillingness to an act.

In the days after the incident, Sarmiento was arrested and charged with first-degree rape, strangulation and two counts of first-degree sodomy.

He told investigators he and another man took turns to have sexual intercourse and receive oral sex from the victim, according to court documents. In an interview with detectives, Sarmiento admitted through a Spanish translator he knew the woman was very drunk but denied allegations that the sex was not consensual.

Sarmiento's attorneys filed a motion to exclude the statements made during the interview due to several inaccuracies and errors made during the translation. Marion County Judge Dale Penn denied the motion. He acknowledged the errors in interpretation but stated the interview still demonstrated "effective communication" and Sarmiento intended to make the statements.

On Nov. 9, a jury convicted Sarmiento of rape and sodomy. He was found not guilty of strangulation and one count of sodomy.

First-degree sodomy and first-degree rape are Measure 11 offenses. Each requires a mandatory minimum sentence of eight years and four mouths.

Sarmiento will serve his two sentences concurrently. He was also sentenced to 12 years of post-prison supervision and will be required to register as a sex offender.

Email wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth

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