If a 19/20 year old has sex with a 14 year old but it is just vaginal and oral, why would he be charged with sodomy? And if it was only stat rape what are the legal consequences. I.E. jail time?
This would not be classified as "False Charges" due to the fact that the legal definition of "Sodomy" covers the acts that you describe in your question.
Oregon Sexual offense "Sodomy" statutes
- 163.385 in the third degree [1]
- 163.395 in the second degree
- 163.405 in the first degree
Sodomy is characterized as "deviate sexual intercourse"
Under the definitions in the law, “Deviate sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.
Under this definition, sodomy would include oral sex.
If the girl was 14 at the time, he has probably been charged with Sodomy in the third degree.
163.385 Sodomy in the third degree.
(1) A person commits the crime of sodomy in the third degree if the person engages in deviate sexual intercourse with another person under 16 years of age or causes that person to engage in deviate sexual intercourse.
(2) Sodomy in the third degree is a Class C felony. [1971 c.743 §112]
Sentencing Guidelines
Class C Felony maximum sentencing upon conviction will depend on criminal history and how the crime is classified in terms of seriousness. Oregon uses a sentencing grid that takes several factors into account during sentencing.
Below is a very unscientific analysis that may or may not be very accurate.
It appears that this crime may be a "Catagory 8" for seriousness which could lead to a maximum sentence of from 16-45 months jail time and 3 years probation.
It would be in his best interests to have an attorney to represent him and advise him on this matter.
Oregon's Sentencing Guidelines [2]
Sentencing Guideline Grid [3]