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  • Oregon Statutory Rape Law Question.

    Oregon
    Age of Sexual Consent: 18
    Third-degree rape to have sexual intercourse with a person under age 16. Defense that the actor was less than three years older than the victim at the time of the offense

    Second-degree rape to have sexual intercourse with a person under age 14. Defense that the actor was less than three years older than the victim at the time of the offense

    First-degree rape to have sexual intercourse with a person under age 12




    If i'm not wrong the actual age of consent is basically 17... If you noticed there is no offenses for sexual intercourse with persons of age 17, unless this is wrong.

    I'm not trying to break the law or anything. I'm nineteen and trying to get a date... with anybody.

    Now do these laws work on exact dates? Say some dude turns 19 on December 20, would it be illgal for him to to date a girl that turned 16 on december 19, and not illegal to date a girl that turned 16 on december 21?


    It can't work any other way, because half of the year a girl would be four years younger than me, then her birthday, then we would be legit for half a year.

    The sentence just above is incorrect^^^ Right?!
    Last edited by minyMonkey; 08-16-2005, 09:54 PM.

  • #2
    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.




    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.




    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.




    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.



    In short, if she's under 18, don't have sex with her. That does not mean that you can't DATE someone under the age of 18--as long as her parents are okay with you dating.

    My disclaimer--I AM NOT an attorney.
    Last edited by pty; 08-17-2005, 05:25 AM.

    Comment


    • #3
      Defense that the actor was less than three years older than the victim at the time of the offense

      Whats this all about then? ^^

      163.435 Contributing to the sexual delinquency of a minor.
      As far as I know your a minor until the age of 21, until the age of 21 you must follow your states age gap regulations.



      Basically what your saying is if a guy turns 18, and his girlfriend turns 18 a week later, it's illegal for him to do it with her during that week?

      Florida has a 7 year age gap law, oregons is 3. Unless this is wrong:
      http://www.youngparenting.com/dadarticle1.html
      Last edited by minyMonkey; 08-17-2005, 10:08 AM.

      Comment


      • #4
        163.315 Incapacity to consent. A person is considered incapable of consenting to a sexual act if the person is:

        (1) Under 18 years of age; or

        (2) Mentally defective; or

        (3) Mentally incapacitated; or

        (4) Physically helpless. [1971 c.743 s.105]

        163.320 [Renumbered 166.190]

        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 s.106]


        Intresting... So is this site mis-informing everybody?!?
        http://www.youngparenting.com/dadarticle1.html

        Defense that the actor was less than three years older than the victim at the time of the offense


        Look here, found something:

        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 or 163.427 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.



        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 s.109; 1991 c.628 s.1]



        Good god laws give me a headache..
        Last edited by minyMonkey; 08-17-2005, 10:55 AM.

        Comment


        • #5
          Read- if you are outside the age ranges, then it is rape. Basically, the law is not making sex between folks of the same age range criminal, but if you are an adult trying to have sex with a teen, it is criminal.
          Read more carefully.

          Comment


          • #6
            Here is my question it's basically similar to his but it is asking not if it's legal but how un-legal it is.

            The stuff he posted said under the age of 16 is a FELONY. So from what i get from that is 16-17 is not a felony. However if you go further down the page you find this.

            "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;"


            Which does make 16-17 illegal but then it says that this is a class A misdeamnor. And a misdeamnor is 1 year max jailtime not prison like a felony. So my question is what i just said true or is there some other way they can screw you that is not listed? Such as say you are 21(or even say 40 if you want to sound real pervish) and the person is 16-17. Would you be looking at a max of 1 year jail time? Or is there something they did not list which can screw you over worse and send you to prison. And no i have not done anything incase you are wondering because i would never want to risk going to prison but i em interested in this topic for 16-17.
            Last edited by mistymorning; 09-02-2005, 02:28 AM.

            Comment


            • #7
              Confused

              So if I am 18, can I have sex with someone who is 16? i got mixed signals.

              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.

              So that says aslong as i am 18, and they are 16 or older it is ok right?

              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;


              So i am 18, Can I have sex with someone who is 16? yes or no? thank you

              Comment


              • #8
                Oregon

                Let's get a few things straight here.

                1. The age of consent in Oregon for a sexual act is 18. It is not 17, 16, 15, 14, etc.

                2. According to section 163.315, a person under the age of 18 is incapable of consenting to a sexual act.
                163.315 - Incapacity to Consent
                163.435 - Contributing to the Sexual Delinquency of a Minor
                163.415 - Sexual Abuse in the Third Degree
                163.445 - Sexual Misconduct

                3. According to section 163.345, it is a defense to prosecution for persons consenting to sex under the age of 18 that the actor was not more than three years older than the victim. This is merely a defense and not a guarantee for acquittal. A person can still be prosecuted even having met the statutory requirements for a defense or affirmative defense to prosecution.

                4. There is no defense to prosecution for individuals engaging in sexual conduct with a child younger than 12 years of age.

                5. Dating is not unlawful. There are no laws prohibiting dating for individuals of certain ages.

                6. Sentences for convictions depend on the situation and which law was violated.

                7. The age of majority in Oregon is 18, not 21.

                Conclusion:
                If you are under the age of 18, you are considered unable to consent to a sexual act. Any person under the age of 18 that engages in a sexual act with another person under the age of 18 subjects themselves and the other person to prosecution. Any person over the age of 18 that engages in a sexual act with another person under the age of 18 subjects themselves to prosecution. In order lawfully consent to sex, a person must be at least 18 years old.

                Comment


                • #9
                  Her 17 Me 20

                  my girlfriend is 17 and i'm 20. i am 2 1/5 years older then her. so if we have sex or do any sexual act. is it going to come back and bit me.

                  Oregon law

                  Comment


                  • #10
                    Oregon

                    If you are under the age of 18, you are considered unable to consent to a sexual act. Any person under the age of 18 that engages in a sexual act with another person under the age of 18 subjects themselves and the other person to prosecution. Any person over the age of 18 that engages in a sexual act with another person under the age of 18 subjects themselves to prosecution. In order lawfully consent to sex, a person must be at least 18 years old.

                    This was copied and pasted. In the future, please read more closely.

                    Comment


                    • #11
                      definitions

                      Ok so i understand what you are saying when you state that no matter what the circumstances if she is younger than 18 you are putting yourself at risk and possibly her. What i dont understand is what you mean when you say "sexual act". What if your not talking about sexual intercourse but deviate sexual intercourse. I have read the meaning for deviate: sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another, but im still a little confused on how far they are trying to take this. So what my question is: How close of contact can you be prosecuted for? A hug? A kiss? Touching of sex organs?

                      Comment


                      • #12
                        Sexual contact means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

                        A hug? Yes

                        A kiss? Yes

                        Touching of sex organs? No

                        Comment


                        • #13
                          hmm. I know atleast 2 guys that are 18 and 19 going out with girls younger than 18. I'm pretty sure they have no idea that they can be prosecuted for such small contact. I know they have probably been touching eachother but nothing to severe. So they could be charged with a class A misdemeanor if parents decide to press charges?

                          Comment


                          • #14
                            Good post pty

                            You should send that info over to www.moraloutrage.net - they're still updating their stat law info.

                            Comment


                            • #15
                              personal problem

                              i am 17 and my boyfriend is 18. is there any possibility that he could face charges of some sort (pretending my parents do not give concent).

                              Comment

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