I have a friend who is 16 and she is with a 20 year old. They are having sexual relations but they have been together since he was 17. Would
he still be charged with statutory rape? If so how many years would he get?

There are several laws that may apply in this situation. Please also see the Oregon post titled "Is it legal for us to engage in oral sex??"

If sexual activity occured while the minor was under the age of 14, this is a violation of 163.365 Rape in the second degree. Rape in the second degree is a class B felony. Maximum sentences include 10 years and $250,000.

The statute of limitations clock does not begin to run on sexual crimes against minors until the minor reaches the age of 18.

Given your description, the 20 year old could potentially be in violation of any of the following Oregon Sexual Offense laws.

ORS 163.365 Rape in the second degree.
ORS 163.375 Rape in the first degree.
ORS 163.415 Sexual abuse in the third degree.
ORS 163.435 Contributing to the sexual delinquency of a minor
ORS 163.445 Sexual misconduct.

For a full description of sexual offense laws in Oregon see 163.305-479 Sexual Offenses.

See 161.605 and 161.265 for Prison Terms and Fines respectivly.

Instructions: For both of the above links, open the page, scroll past the index, then keep scrolling down the page until you come to the corresponding statute numbers. Oregon laws are written pretty clearly without a lot of legalese.