Sex with minors is illegal, so don't do it. But if you're going to do it anyway, then it's better legally to have sex with a 14 year old than a 17 year old.
Is that really what the Oregon legislature is advising? Well, that's what the Oregon Supreme Court is trying to decide.
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Penalties -- jail, fines, etc. The greater the penalty, the greater the discouragement, which is why you're hearing about legislative attempts to increase the penalties for drunk driving. It just so happens that, in Oregon, the punishment for sex with a 17 year old can be greater than the punishment for sex with a 14 year old.
Advice from the Oregon Legislature: If you absolutely have to have sex with a minor, then. . . .
Sounds to me like the legislature is basically saying, "hey, we don't want you to have any sex with minors, but better a 14 year old, where the consequences are less severe. In Oregon, it used to not be this way. Sex with someone 16 or 17 would result in a charge of Contributing to the Delinquency of a Minor, a misdemeanor, and if the defendant was within 5 years of the "victim," he might not have to register as a sex offender.
Sex with someone 14 or 15 was a felony, Rape in the 3rd degree. And here too, if the defendant was within 5 years of the victim, he might not have to register. But a few years ago, the Oregon Court of Appeals threw another statute into the mix. However, sexual contact with a child under the age of 12 is always a serious crime, no matter the age of the defendant. A conviction for engaging in sexual activity with someone younger than 12 years old can result in up to 20 years in prison.
Oregon Age of Consent Lawyers | LegalMatch Law Library
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one—to avoid conviction in Oregon.
If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
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A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Oregon Statutory Rape Laws. Statutes governing Oregon's age of consent, associated criminal charges, available defenses, and penalties for conviction. When Both Parties Are Minors: Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
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Oregon Age of Consent Lawyers
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