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Age of Consent Questions for Oregon

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Oregon - Underage

:: April 19, 2008 13:19

Ok, so if a girl was 17yrs old and she was forced to have sex with a 20yr old male... but did not tell police til a week later. What happens? or Can anything? And what if she has proof on a blanket?

What you describe in your question is not statutory rape, or underage sex. Statutory rape can be described as two people who willingly consent to have sexual contact when only one of them is “legally” capable to consent to sexual activity. The other is underage. This is considered a "Non-Violent" offense. Any person who is forced or coerced to have sex, no matter the age, is the victim of sexual assault, more commonly known as "Rape". This is a "Violent" sexual crime. Rape victims often suffer trauma, shock and depression for days, weeks, and even months after being violated. There is no "normal" or "expected" reaction from rape victims. This is a crime that can affect the victim on every level; emotionally, psychologically, and physically. It is not unusual for a rape victim to delay reporting or telling someone about the crime. Unfortunately, many victims never tell anyone. If she knows her attacker and has filed a report with police, any evidence she can provide with her report will be helpful in bringing her perpetrator to justice. Filing the report with police is the first step. This can be accomplished by dialing 911; going directly to a police station, or to any hospital emergency room, fire station, or crisis center. When the investigation begin the victim may undergo a forensic examination conducted by a specially trained forensics nurse or physician. These examinations can be conducted and evidence collected even days after the rape took place. The earlier the investigation can start, the more evidence can be saved. Evidence is gathered from the victims body and clothing, including photo's of injuries, if any. Police will also attempt to recover evidence from the crime scene (if possible) and speak to any potential witnesses. If there is enough evidence gathered, the District Attorney (DA) will seek to have the alleged perpetrator arrested and charged. There will either be enough evidence to bring a guilty plea or the case will go to trial. The victim should be offered victims assistance including counseling and medical follow-up. Victims can suffer any number of problems after a rape and the duration and severity is different in every case. Problems can include flashbacks, post traumatic stress disorder, pregnancy, rape trauma syndrome, borderline personality disorder, body memories, battered woman syndrome, depression, Stockholm syndrome, sexually transmitted diseases, complex PTSD, and more. For counseling help please contact the RAINN Sexual Assault hotline toll free at 1 800-656-HOPE or visit the "online" hotline at http://www.rainn.org/get-help/national-sexual-assault-online-hotline Find a local Crisis Center

False accusations

:: March 26, 2008 20:23

I am a 26 y/o male that was like a older brother to a now 16 y/o female. Our families had a falling out and we havent talked for a couple months. She is being vendictive and recently made up a story saying that we use to make out and tried to have sex. She's saying it happened when she was 13. Nothing happened between her and I and really none of us have any evidence to prove anything, just her word against mine. What kinda trouble could I be looking at? And what steps should I take (get a lawyer, contact DA)? Thanks in advance for any info

It would be in your best interest to seek advice from a private attorney who specializes in criminal law. The DA will not be looking out for your best interests in a situation like this. If a report is filed against you, speaking to the DA without first being advised by an attorney or without an attorney present may work against you, especially if they are investigating you. If a report is filed and the allegations are proved false, she can be charged with filing a false police report which is a serious offense. False police reports are generally look upon very seriously by judges. It could also opens the door to a civil suit if damages are suffered as a result of the false police report (i.e. job loss, wages lost, jail time, etc...) Ultimately, her parents may be held responsible given that she is a minor.

false charges

:: March 06, 2008 16:16

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
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 Sentencing Guideline Grid

Oregon Parents - Do we have rights?

:: February 15, 2008 19:02

Two years ago when our daughter was one month into her 16th year she was in a relationship with a male whom we thought at the time was 18. A year later we found out it was sexual and that he was actually 21. She ended up pregnant and had a baby at the age of 17. A few months ago we really found out his age is 23 at this moment. My question is this, can we bring criminal charges against him for having sex with a minor?

Yes, you have the right to file a complaint against him with the authorities and/or the District Attorney's office directly (depending on local procedure). The District Attorney would examine the evidence and determine what violations occured and what charges (if any) should be filed against him. It appears that you are within the statute of limitations for certain offenses against a minor. These are listed below. Ultimately, the DA makes this determination when charges are filed. Sources and links to Oregon Criminal Code are located at the bottom of this page.

Oregon Criminal Prosecutions: Statute of Limitations Citation: Rev. Stat. § 131.125
The statute of limitations for certain offenses is a period within 6 years after commission of the crime. If the victim was under 18 years of age at the time of the crime, the statute of limitations is anytime before the victim attains 24 years of age, or within 6 years after the offense is reported to a law enforcement agency or other governmental agency, whichever occurs first. The offenses included are:
  • Criminal mistreatment in the 1st degree
  • Rape in the 1st to 3rd degree
  • Sodomy in the 1st to 3rd degree
  • Unlawful sexual penetration in the 1st or 2nd degree
  • Sexual abuse in the 1st or 2nd degree
  • Encouraging child abuse in the 1st degree
  • Incest
The statute of limitations for certain offenses may extend for a period within 12 years after commission of the offense if the defendant is identified after the statute of limitations period originally prescribed for the offense on the basis of DNA sample comparisons. The offenses included are:
  • Rape in the 1st or 2nd degree
  • Sodomy in the 1st or 2nd degree
The statute of limitations for certain offenses extends for 4 years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, the statute of limitations is anytime before the victim attains 22 years of age, or within 4 years after the offense is reported to a law enforcement agency or other governmental agency, whichever occurs first. The offenses included are:
  • Sexual abuse in the 3rd degree
  • Furnishing obscene materials to minors
  • Sending obscene materials to minors
  • Exhibiting an obscene performance to a minor
  • Displaying obscene materials to minors
Generally, the following statutes of limitations apply:
  • For a felony, it is a period within 3 years after commission of the crime.
  • For a misdemeanor, it is a period within 2 years after commission of the crime.
Civil Actions Citation: Rev. Stat. § 12.117
  • The statute of limitations for filing a claim based on conduct that constitutes child abuse or conduct knowingly allowing, permitting, or encouraging child abuse will not begin for a minor entitled to file a claim until he or she reaches 18 years of age, and it will not run for longer than 6 years after he or she reaches 18 years of age.
  • If the minor has not discovered the injury, and in the exercise of reasonable care should not have discovered the injury or the causal connection between the injury and the child abuse, the statute of limitations will not run for longer than 3 years from the date the minor discovered or should have discovered the injury or the causal connection between the child abuse and the injury, whichever period is longer.
Sources Oregon Criminal Code Chapter 163.305 Sexual Offenses Oregon Criminal Code Chapter 131.125 Time Limitations Childwelfare.gov
Other possible related recources Oregon Division of Child Support Oregon.gov Children & Teens

Is this statutory?

:: February 11, 2008 10:29

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 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]

Underage foreplay

:: October 26, 2007 00:22

is it ok to have foreplay??

In Oregon, the age of consent to have "sexual contact" is 18. This means that while you are under the age of 18 you are legally incapable of consenting to a sexual act. Please be aware that minors engaged in sexual activity are in violation of the law in the state of Oregon and depending on many circumstances, if charged, a juvenile court judge can rule to move the case to adult court. See ORS 419C.349-370 Oregon Laws are described as "ORS" or "Oregon Revised Statutes" ORS 163.315 Incapacity to consent; effect of lack of resistance. (1) A person is considered incapable of consenting to a sexual act if the person is: (a) Under 18 years of age; (b) Mentally defective; (c) Mentally incapacitated; or (d) Physically helpless. (2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52] "Sexual Act" can be defined as sexual contact or sexual intercourse. Definitions in the law are as follows: ORS 163.305 Definitions. (omitted definitions 2-5 to shorten the text) (1) “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. (6) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party. (7) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. Oral sex could fall under the definitions 1 or 6 above which means it is a violation of the law in the same way that "Sexual intercourse" is a violation of the law.

Oregon Sex Offense Laws that may apply:
ORS 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] ORS 163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if: (a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or (b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or (c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes person to engage in deviate sexual intercourse. (2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor. [1971 c.743 §117] ORS 163.445 Sexual misconduct. (1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or deviate sexual intercourse with an unmarried person under 18 years of age. (2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118]
Punishments and Fines
ORS 161.615 Prison terms for misdemeanors. Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations: (1) For a Class A misdemeanor, 1 year. (2) For a Class B misdemeanor, 6 months. (3) For a Class C misdemeanor, 30 days. (4) For an unclassified misdemeanor, as provided in the statute defining the crime. [1971 c.743 §75] ORS 161.635 Fines for misdemeanors. (1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding: (a) $6,250 for a Class A misdemeanor. (b) $2,500 for a Class B misdemeanor. (c) $1,250 for a Class C misdemeanor. (2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime. (3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply. (4) This section does not apply to corporations. [1971 c.743 §77; 1981 c.390 §2; 1993 c.680 §30; 1995 c.545 §2; 1999 c.1051 §44; 2003 c.737 §87] Sponsored ad: It's Free & Confidential Use LegalMatch to Find a Local Trustworthy Lawyer in Your Area.

statutoty rape between two minors

:: August 10, 2007 17:09

Is it illegal (statutory rape) for a 14 year old boy to have consentual sexual relations with a thirteen year old girl?

Though it may not be considered "Statutory Rape" in the criminal sense, this is an "illegal" sexual act between two minors. Due to the fact that they are under the age of 18, this would be a matter for a family court judge to rule. A judge would make a determination as to whether criminal action should be taken. 163.315 Incapacity to consent; effect of lack of resistance. (1) A person is considered incapable of consenting to a sexual act if the person is: (a) Under 18 years of age; (b) Mentally defective; (c) Mentally incapacitated; or (d) Physically helpless. (2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52]

TWO MINORS

:: August 10, 2007 14:21

I would like to know if a crime has been committed if two minors one of 17 and the other of 13 have sex and if so what is the punishment?

This is an illegal sexual act between minors. Due to the fact that the 17 year old is more than 3 years older than the 13 year old, he would be considered the perpetrator and the 13 year old the victim. A family court judge would rule on the matter and "could" recommend the 17 year old be charged as an adult. There is no way for us to tell you what the punishment, if any, might be in legal matters involving juveniles.

Do Days Count?

:: July 25, 2007 02:45

Under oregon law as far as i can tell there is a 3 year leniency law. I am 16 and i know this guy who is 19, which would fit under the 3 year law, however, he turned 19 4 days before i turned 16... do the days matter? technically he is 3 years and 4 days older than me. Can he still be charged with anything?

The statute you are referring to is 163.345 (below.) A decision on this would be up to the prosecuting attorney; It may be wise, however, to take this law in it's literal sense. The law says "less than three years older." So, a good test would be to ask yourself, would I be truthful if I stood before a court and said, "I am less than 3 years older"? If looking a the birth dates he is more than 3 years older even if it's by one day, it can be concluded that the 19 year old is "more than 3 years older" and does not meet the criteria to apply this law as a defense. Again, this would be up to a prosecutor to determine.

163.345 Age as a defense in certain cases.
(1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense. (2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense. (3) In any prosecution under ORS 163.445 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense. [1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1]
163.435 Contributing to the sexual delinquency of a minor.
(1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if: (a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or (b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or (c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes that person to engage in deviate sexual intercourse. (2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor. [1971 c.743 §117]
163.445 Sexual misconduct.
(1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or deviate sexual intercourse with an unmarried person under 18 years of age. (2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118]
Oregon Sexual Offense Statutes Chapter 163

Statutory Rape

:: May 29, 2007 11:53

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.

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