Two people met in a 21 and over bar. Once the two begin talkin, one admits they are not 21 but only 19 and has ID to prove it. Since they are over 18 the 22 yr old still thinks it is for the two to date. Later on the 22 finds out from others that the other person is only 15 and the ID they showed was a fake. Is it considered statutory if an adult over 21 has sexual intercourse with a 15 yr old if the minor lied about thier age and said they were 19 and had a fake ID as their proof? What if the minors parents knew about the age difference but consented and went on with the lie so their child could date the 22yrd old?

Only a discussion of the details in this case with a licensed Oregon attorney could give you accurate answers to these questions. We can only give you general answers based on the state laws as we are not licensed attorneys in Oregon.

The Oregon law 163.325 says, if the minor is under the age of 15, ignorance or mistake as to the age is not a defense. Any exceptions to this will require an attorney’s expertise on provisions within the Oregon law and past cases.

Oregon's statutory rape law can be found in Oregon's revised statutes on the internet under Sexual offenses Chapter 163.305.

http://www.leg.state.or.us/ors/163.html [1]

There are mulitple laws that could apply, generally it will be "Rape in the third degree" class C felony, or "Sexual Abuse in the third degree" Class A misdemeanor. The prosecutor would determine what charges are filed against you, if any.

163.355 Rape in the third degree.

(1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.

(2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]

Under Oregon statute, given the age of the minor, your situation technically may not fall 163.325 as a defense. See below.

Given your details, it would seem you may have a legitimate case of innocence under the circumstances you described if your assertions about the bar and her fake ID could be proven either through physical evidence (possession of the fake ID) or witnesses at the bar or both. It would seem a reasonable assumption for anyone to believe someone’s age to be at least 21 if they met in a bar where alcohol was served.

However; your statement about the parents leads me to wonder if you found out about her true age, but continued the sexual relationship anyway. It is possible I misread that part of your question; however, I will cover that base anyway. If you continued the sexual relationship after becoming aware of her true age, this is a different matter.

With regard to the parents consenting to the relationship; parental consent will not override state law.

163.325 Ignorance or mistake as a defense.

(1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under the age of 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than the age of 16.

(2) When criminality depends on the child’s being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense.

(3) In any prosecution under ORS 163.355 to 163.445 in which the victim’s lack of consent is based solely upon the incapacity of the victim to consent because the victim is mentally defective, mentally incapacitated or physically helpless, it is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim’s incapacity to consent. [1971 c.743 §106]

163.415 Sexual abuse in the third degree.

(1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and:

(a) The victim does not consent to the sexual contact; or
(b) The victim is incapable of consent by reason of being under 18 years of age.
(2) Sexual abuse in the third degree is a Class A misdemeanor. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9]