The Guide to Age of Consent Laws in Oregon
Rape laws and related sexual criminal charges in Oregon can carry serious criminal penalties including prison time. It is important to know the consequences of Oregon rape law, including statutory rape and its defenses. Rape is engaging in unwanted sexual activity with another person.
Rape can either be factual and whether or not the other person actually consented to the unwanted sexual activity. Rape cases can also be based on a statute that determines the age of when an individual has the mental capacity to consent to sexual activity. These criminal statutes focus on the protection of minors engaging in sexual activity and their mental state as adolescents.
What is the age of consent in Oregon and Statutory Rape?
The age to consent to participate in sexual activity in the State of Oregon is 18 years old. Under Oregon law, the law is construed to where minors 17 years or younger are legally not able to consent to sexual activity.
This means, that even if the minor did in fact mutually consent to the sexual activity, the individual that engaged in sexual activity with the minor can still be charged with third-degree rape if the minor is under 16 years of age. This is known as statutory rape. Statutorily, the minor is unable to legally consent to sexual activity. There are a few defenses to these types of charges depending on the age of the minor and the age of the accused explained further.
Possible charges under Oregon rape law
Third-degree rape is a class C felony with a maximum prison sentence of up to five years in prison. If the minor is under 14 years of age, a person can be charged with a Class B felony under Oregon law, also known as a second-degree felony.
If the minor is under 12 years of age, in Oregon, then a person can be charged with rape in the first degree, a Class A felony. If the minor is under 16 and the defendant is a sibling, spouse, or child of while or half-blood, then the charge can also be rape in the first degree.
Additionally, even if a person is 18 years or older, if a person is incapable of consent either through a mental defect, mental incapacitation, or physical helplessness, an individual can also be charged with rape in the first degree.
Penalties for each charge
A class C Felony in Oregon carries a maximum sentence of five years in prison and a maximum fine of $125,000.00 or both. A Class B Felony in Oregon are punishable as much as 10 years in prison and a fine of up to $250,000.00 or both. A Class A Felony is punishable by up to 20 years in prison and a fine of as much as $375,000.00 or both.
Possible Defenses for an Oregon rape charge
If the mental incapacity to consent is not due to a minor’s age, (the person is above 18 years of age and has a mental defect) a person can raise a defense that they were unaware that at the time of the offense, the defendant did not know of the facts or conditions responsible for the victim’s inability to consent.
If a person is charged with rape in the third degree, it’s not a defense that the defendant did not know the child’s age or believed the child was older than the age of 16. If the victim was above the age of 16, (17) then a defendant can use the defense that he or she reasonably believed the minor was 18 years of age at the time the incident occurred.
Other defenses can also be the mental capacity of the person charged with the rape charge and his or her ability to know whether or not the other person had consented to the sexual activity.
Oregon’s Romeo and Juliet Law
In cases of rape in the third degree and in the second degree and lessor offenses a defense can be used, if the victim and the defendant are within three years of each other in age and the lack of consent is only under statute. This is known as the “Romeo and Juliet” law in Oregon. This means that if there was actual consent and both are within three years of age, then one could plead that as an affirmative defense. The defendant would have to then prove that the sexual activity was in fact consensual.
Criminal Procedure when charged with a rape crime
These cases can be complex cases legally and factually and it’s best to talk to a skilled criminal defense attorney that can best navigate your case and see if there are any possible defenses or mitigating circumstances that can provide the best outcome.
The criminal process is also a foreign process to most individuals. Most individuals are unaware of how criminal procedure works. The initial criminal process in a rape case involves proceedings where individuals are read their charges and their rights. The court also may determine whether or not a defendant should be detained due to his or her danger to the community or impose a bond amount to ensure the individual will come to each court date.
There is a proceeding thereafter to determine if there is enough evidence where the State is allowed to bind the case over to a trial. Thereafter, both the State and the Defendant, engage in the discovery process where the State is required to disclose all the evidence it collected and used as part of its investigation. This can include among other things, police reports, interviews and statements of witnesses, rape kits, DNA kits, video evidence, and recordings, text messages, and social media communication. The Defendant also discloses evidence it may use as a defense.
Rape cases can be one of the more complex cases that can require expert witnesses to determine the outcome of the case. Experts may have to testify to the validity of any rape kit that may have been used during the investigation to determine if there was actual sexual activity. Experts may also have to testify to the facts of the case to determine if there was consent or to any other affirmative defenses and circumstances.
Reach out to our law firm today for a free consultation on how our criminal defense law firm can help you with criminal rape charges you or a loved one may be facing. I also practice DUI law as well. If you need a major felonies attorney, I’m your man. I serve the entire Portland area including Hillsboro and Beaverton.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
