Age of Consent Questions for Oregon

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Oregon. Ask your Question

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Is it legal for us to engage in oral sex??

:: May 12, 2007 19:33

I have been going out with my girlfriend for a year, and we have had oral sex many times before, but i just turned 18 and so we would like to know if it is legal to continue doing that thank you

It is not legal for minors to engage in sexual acts with each other and it is not legal for an adult to engage in sexual activity with a minor if unmarried. 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.

Rape

:: April 19, 2007 10:41

What is the definition of 1st, 2nd, and 3rd degree rape. Also, what is the definition of statutory rape.

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. 163.365 Rape in the second degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age. (2) Rape in the second degree is a Class B felony. 163.375 Rape in the first degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if: (a) The victim is subjected to forcible compulsion by the person; (b) The victim is under 12 years of age; (c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or (d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness. (2) Rape in the first degree is a Class A felony. In accordance with the FBI definition, statutory rape is characterized as non-forcible sexual intercourse with a person who is younger than the statutory age of consent. There are only a few states in the nation that actually call it "Statutory Rape" within the written law. In Oregon, this crime could fall under a few different statutes depending on the age of the victim. 163.415 Sex abuse in the third degree describes the actual "Age of consent" to have consensual sex in Oregon. This, along with 2nd and 3rd degree rape, would be considered "Statutory Rape" laws. 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.

RAPE/SEXUAL ASSAULT.

:: September 14, 2006 22:21

17 1/2YR. OLD HAVING SEX WITH 25YR.OLD CONSENTUALLY. AS 25YR. OLDS' LANDLORD, WHAT'S MY LIABILITY AND WHAT IS HIS? THANK-YOU FOR YOUR TIME

In Oregon, a person is considered by law to be incapable of consenting to a sexual act if the person is: (a) Under 18 years of age. 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. Sexual misconduct is a Class C misdemeanor. 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. Rape in the third degree is a Class C felony

Has my son committed a crime?

:: September 23, 2004 15:41

My 22 year old son met a girl at Starbucks a month a go - they engaged in conversation and decided to meet again. They've had numerous dates and she has been alone with him in his room. This girl told him she was 18 years old. They started seeing each other and now he's discovered that she is only 16. He is frightened because, altho they have not had sexual intercourse, they have engaged in heavy petting. Her mother is aware of the relationship and has even had my son over for dinner a couple of times. They had a 'girlfriend/boyfriend' relationship and all was well until my son realized how old she was and told her he couldn't see her anymore. She is now very upset (as of this evening) and threatening to call the police. Does she have any grounds for anything? My mother, who is in law enforcement, suggested that he go to the DA's office tomorrow and tell them what is happening, of her misrepresentation of her age, to get it on the record. Is this the right thing to do? My son has never been accused of any sex crime and he is extremely worried that this high school girl will ruin his life. Please offer any help you can at this time! Thank you! A concerned Mother..

In Oregon, any sexual contact, such as heavy petting, by an adult to a minor is considered sexual abuse. At the ages that they are at, this would be a Class A misdemeanor, with a maximum sentence of 1 year in jail. However, Oregon does allow a defense to this crime if your son can prove that he reasonably believed her to be 18. Your mother's suggestion is probably a good course of action, given the circumstances.

17 and 25

:: September 01, 2004 03:20

I am a 17 year old girl, and have been dating a 25 year old for 10 months! I know it sounds really strange but it is a good healthy relationship and my parents like him alot! I know Oregon's laws are very strict, but since i have parents consent,and i figured since they are my gaurdians they can consent for me, is that right? I talked to a police officer here and he said it was ok since I am 17, and i have a cop that is a neighbor and he knows and hasnt said anything. My boyfriend is very worried and our church doesnt think its right. Also can just anyone turn him in? Or does it have to be parents? If we arent having sex is it ok to date until i am 18? I need to know this for his benefit, if we need to stop dating until I am 18.

As the age difference between the two of you is more than 3 years, sexual contact and intercourse between the two of you is illegal. Parents can't consent for their children when it comes to sexual activity. As you are over 16, it's just a misdemeanor, and not a felony, so if any prosecution came from it, it would probably require you or your parents filing the report. As far as dating goes, without sexual contact and with your parents' consent, there's no laws that you need to worry about.

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