My daughters 22 year old boyfriend moved in with us and now shares a room with my 16 year old daughter. I gave my consent for them to date, but because they are living together can he get in trouble by the cops even if i dont press charges?

Yes he could get into serious trouble. State laws in Oregon require a person to be 18 years old to give consent for sexual contact. In the state of Oregon, a person under the age of 18 is legally incapable of giving consent. Unless a 16 year old is emancipated by the court system (legally making them an adult in the justice system) parental consent does not override state law. Anyone can report this to the authorities. Certain professionals are required by law to report any suspected criminal activity or sexual abuse perpetrated on a minor and may do so without a parents knowledge or involvement.

Oregon's statutory rape laws can be found on the Legislative website in Oregon's revised statutes on the internet under Sexual offenses Chapter 163.305. We've outlined them below.

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

There are mulitple laws that could apply. Considering the ages, the Oregon State law we found that most closely fits is "Sexual Abuse in the third degree" Class A misdemeanor. The prosecuting attorney would determine what charges, if any, are to be filed against a defendent.

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]

Professionals Required to Report

Citation: Rev. Stat. §§ 419B.005; 419B.010

A public or private official is mandated to report. Public or private officials include:

• Physicians, interns, or residents
• Dentists
• School employees
• Licensed practical nurses or registered nurses
• Employees of the Department of Human Services, State Commission on Children and Families, Child Care Division of the Employment Department, the Oregon Youth Authority, a county health department, a community mental health and developmental disabilities program, a county juvenile department, a licensed child-caring agency, or an alcohol and drug treatment program
• Peace officers
• Psychologists
• Members of the clergy
• Licensed clinical social workers
• Optometrists
• Chiropractors
• Certified providers of foster care or their employees
• Attorneys
• Naturopathic physicians
• Licensed professional counselors or marriage and family therapists
• Firefighters or emergency medical technicians
• Court appointed special advocates
• Registered or certified child care providers
• Members of the Legislative Assembly

Reporting by Other Persons
Citation: Rev. Stat. § 419B.015

Any person may voluntarily make a report.

Standards for Making a Report
Citation: Rev. Stat. § 419B.010

A report is required when any public or private official has reasonable cause to believe that any child with whom the official comes in contact has suffered abuse.

Privileged Communications
Citation: Rev. Stat. § 419B.010

• A psychiatrist, psychologist, member of the clergy, or attorney shall not be required to report if such communication is privileged under law.
• An attorney is not required to make a report of information communicated to the attorney in the course of representing a client, if disclosure of the information would be detrimental to the client.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

Disclosure of Reporter Identity
Citation: Rev. Stat. § 419B.015

The name, address, and other identifying information about the person who made the report may not be disclosed.