This applies to everyone; it applies to both men and women, and to both heterosexual and homosexual conduct. Unlike many other states, Oregon has made exceptions in its age of consent laws for adolescents who are under the age of consent, but are close to the same age. In general, anyone 14 years or older can consent to have sex with someone who is no more than 3 years older than them.
My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
The older adolescent will not be accused of statutory rape if there was valid consent. For example, second-degree rape means having sex with someone who is under the age of If the offender is more than 3 years older than the victim, this crime carries a penalty of up to 10 years in prison.
First-degree rape is the same crime, except the victim is aged 12 or younger. This carries a prison sentence of up to 20 years. If you are accused of rape or are a victim of rape, then a criminal lawyer can help you.
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An experienced lawyer can either clear your name or help you seek legal recourse. He can help you file the appropriate paperwork in court and speak on your behalf.
What Is the Age of Consent for Sex in Oregon?
Sex abuse in the 2nd Degree was defined as sex with someone who didn't consent. It was different than forcible rape: But they didn't have permission in, perhaps, a date-rape type situation.
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Didn't matter how old the victim was. If no consent, but no force, then it was sex abuse II.
Oregon’s Statutory Rape Laws and Potential Penalties
However, in a case out of Washington County called State v Stamper, the Oregon Court of Appeals held that sex abuse II didn't just apply to cases where the victim didn't consent. It applied to cases where the victim couldn't legally consent due to age, like a 17 year old. Sure, sex with a 17 year old was already criminalized, but now it was a felony.
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Moreover, it was a felony that -- based on crime seriousness levels, which help determine prison time -- was punished more severely than sex with a 14 year old, and under no circumstances could someone convicted of sex abuse 2 ever NOT register. Therefore, a 20 year old who has sex with a 17 year old if over 3 years difference, even just 3 years and a day is guilty of registerable sex felony, and he faces more time in custody than a 19 year old who is charged with rape III for having sex with a Moreover, if less than 5 years between the 19 year old and the 14 year old even if just a day , the 19 year old might not have to register as a sex offender.
ORS - Age as a defense in certain cases - Oregon Revised Statutes
None of this is in dispute. One thing that did happen is that years later, the Court of Appeals held that making the crime seriousness of Sex Abuse II a level 7 when sex with a 14 year old was only a 6 was a violation of the constitutional guarantee against disproportionality Article I, section The state is appealing that ruling to the Oregon Supreme Court, which has put the issue on abeyance while it decides St v. Ofodrinwa is a case in which the defendant argues that Stamper was wrong.
In other words, the defendant in Ofodrinwa is arguing that the Oregon legislature never intended to make the punishment for sex with a 17 year old more serious than sex with a 14 year old.
It never intended to make sex with a 17 year old a registerable offense regardless of the circumstances when sex with a 14 year old might not be. In other words, it never intended to discourage sex with 17 year olds more than it discouraged sex with 14 year olds.
It is still under advisement.