I am 15 and I am in current legal trouble with other stuff, and my mom told the detective about my 18 year old boyfriend. We are not currently having sex due to the law. But when the detective asked me if we where i answered "we have not had sex in the past 2 months" which was before he turned 18. Now the detective is pursuing charges against him, not my mom. What can my boyfriend do so we can still be together and him not go to jail?
This will undoubtedly not be what you want to hear and I am sorry in advance for that. If your boyfriend is facing charges for having sexual relations with someone under the age of 16, it could be a very serious situation for him legally. He is a legal adult and could face serious consequences in the adult justice system if he continues to see you socially. The best thing both of you can do to not further complicate the problem is to separate and not see each other until the legal matters are resolved.
In the state of Oregon, the law stipulates that a person under the age of 16 is "legally" not capable of giving consent to have sexual intercourse. All of these types of cases are different and have different outcomes based on their own unique circumstances, but from what we've seen in our research with Oregon cases where the age difference is "more" than three years, and especially if a pregnancy occurs,(which is obvious proof of sexual intercourse), we see charges and convictions under statute 163.355 (outlined below). If the age difference is less than three years, there are a variety of outcomes in these cases that take into account the details/evidence and backgrounds or criminal history of person(s) being charged. We see convictions under both misdemeanor and felony classifications.
Oregon Revised Statute 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]
Oregon uses a grid to classify the seriousness of crimes. The grid runs on numbers from 1-11. (1) is the least serious and (11) is most serious offenses like homicide. This Class C felony is classified as a (6) on the grid.
The source of this information is located at http://www.sos.state.or.us/archives/rules/OARS_200/OAR_213/213_017.html [1]
Scroll down the page to catagory 6 and you will find the offense "Rape in the third degree".
View or save a copy of the Oregon Sentencing Guidelines Grid from the link below.
http://www.oregon.gov/CJC/GuidelinesGrid.pdf [2]
Or, visit http://www.oregon.gov/CJC/SG.shtml [3] for more information.