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Thread: Oregon Statutory Rape Law Question.

  1. #1
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    Default 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 at 11:54 PM.

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    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 at 07:25 AM.

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    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 at 12:08 PM.

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    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 at 12:55 PM.

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    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.

  6. #6

    Default

    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 at 04:28 AM.

  7. #7

    Default 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

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    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.

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    Default 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

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    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.

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    Default 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?

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    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

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    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?

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    Default Good post pty

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

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    Question 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).

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    Default Parental Consent

    So... I am a male who is 19 and I'm dating a male who is 16. We have parental consent and we are completely platonic. I am wondering two things.

    His mom is helping him get emancipated in 8 months. Will sex be possible then?

    and

    What if something goes wrong, and we haven't had sex, but his mom decides that she wants to press charges for it. Is there any way to defend myself?

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    Quote Originally Posted by hanado1986
    His mom is helping him get emancipated in 8 months. Will sex be possible then?
    Generally speaking emancipation does not change the effect of laws that restrict behavior based on age.

    Quote Originally Posted by hanado1986
    What if something goes wrong, and we haven't had sex, but his mom decides that she wants to press charges for it. Is there any way to defend myself?
    I'm not sure why you're worried about this if you have Mom's permission to date and you aren't having sex. Why would you worry that she might do that?

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    Default In My City

    There is a history in this city of parents who don't approve of gay relationships sending their son's boyfriend to prison to "protect" their son. I tend to avoid dating anyone underage because of this. But this one fell on my lap so... I told him to ask his mother's permission. She said she was uncomfortable with it but would like to see where it goes... makes me a little worried.

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    Question Question here...

    What if the said person was 6 years older then the 18 year old? Would that be in the same category as "Statutory Rape"?

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    Default need help badly

    i am a 18 year old male dating a 16 year old female her parents dont like me if they press charges against me for sexual delinquency but my girlfriend doesnt testify against me will the case be dropped or will they charge me with a lesser crime.I know that u if ur less than 3 years older than the other person u could use that as a defense.

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    To make this really simple: if you or your partner are under 18 years old, DO NOT HAVE SEX! The parents and the partner do not press charges. They can suddenly say the church has made you a saint, and you can still be prosecuted.

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    Thumbs down What!!!!!

    Jesus, Joseph and Mary. Put the calculators away and stop thinking with your ****! Grow up first. Consider the consequences of your actions. Bubba, Tyrone, and Billy Bob Joe don’t care! They can only count to one anyway..... And guess what?! You will be " the" one……… Remember 15 can get you 8.

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    Quote Originally Posted by drruthless
    Jesus, Joseph and Mary. Put the calculators away and stop thinking with your ****! Grow up first. Consider the consequences of your actions. Bubba, Tyrone, and Billy Bob Joe don’t care! They can only count to one anyway..... And guess what?! You will be " the" one……… Remember 15 can get you 8.
    Good advice. LOL. Actually 15 can get you a lot more than 8. When I was growing up I always heard "15 can get you 20" and that's certainly true in some states.

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    Quote Originally Posted by minyMonkey
    I'm not trying to break the law or anything. I'm nineteen and trying to get a date... with anybody.
    Sex is not a date.

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    Default I am so worried about this!!!! Help!!!!!

    I am a seventeen girl going out with a 14 year old guy. I am 2years and nine months older than him. I don't know if it's wrong to be dateing him or not. We aren't going to have sex, but is kissing ok?

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    Post 14 and 16

    So I'm just wondering but if the person is 14 and the guy is 16 would that be counted as statutory rape or not?

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    Default ears need cleaning.

    I once read an article that suggested that the human brain does not fully mature until somewhere around age twenty-five. That same article also said that three out of seven young people today will not live to see age twenty-five. They will die, either from diseases or from stupidity, there’s or someone else’s. Having said that, one should not be held responsible for act committed, for no more reason than you are just dieing to get laid, and your little undeveloped pea- brains haven’t read the preceding posts. It is just a wasting time trying to explain something, that you have no hope of understanding. What part of NO sex do you not understand? The N or the O? Until you are of the age of consent you are risking far more than you can imagine. If you are writing to this forum to find out what that age is……..my guess is, you’re not there yet! So in closing, if your willing to risk finding your little Gumby butt in jail, please remember us old folks who managed to survive past age twenty-five are depending on you to contribute to our social security. As for those unwilling to heed sound advice, you’re going to find yourself well taken care of as well…

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    Question is this okay

    i am seventeen and my girlfriend is 14. we are 3 years and five months apart in age, we are bot having or planning on having sex at any time of any type, but is there anything against kissing and cuddling? i am really confused because i really love her but my couselor says i could go to jail for this. please help.

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    Exclamation Cheese an Rice!

    Dumme Gottfluch-Amerikanerkinder. Ich denke, daß ich zum privetpractace in Munich zurückkomme! Der Doktor ist heraus. !!

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    Exclamation Ruck

    Gott geht nicht zum Fluch ich und ich bin nicht ein dummes Kind, gerade verwirrt auf einem Gesetz, Dank für nichts der herzlose Dr..

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