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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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.

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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