{"id":375909,"date":"2016-04-11T01:23:51","date_gmt":"2016-04-11T06:23:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-rape-and-sexual-assault-laws.html"},"modified":"2025-02-27T17:05:16","modified_gmt":"2025-02-27T22:05:16","slug":"oregon-rape-and-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-rape-and-sexual-assault-laws.html","title":{"rendered":"Oregon Rape and Sexual Assault Laws"},"content":{"rendered":"\n
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Oregon Rape and Sexual Assault Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Oregon has several rape<\/a>, sexual assault<\/a>, and sexual offense<\/a> laws. The penalties for these sex crimes vary depending on the type of sexual misconduct, the age of the victim, and whether the offender was in a position of authority.<\/p>\r\n

If you’re facing rape or sexual assault charges, you should get to know Oregon’s criminal code<\/a>. You must understand the penalties and defenses to these crimes. It’s also a good idea to consult an Oregon criminal defense lawyer sooner rather than later.<\/p>\r\n

Here, we’ll discuss Oregon’s rape and sexual assault laws, including the penalties for these crimes. We will also explain the various defenses to these criminal charges and what your criminal defense attorney<\/a> must do to prove these defenses.<\/p>\r\n

Oregon Rape and Sexual Assault Laws<\/b><\/h2>\r\n

The following section outlines rape and sexual assault laws in Oregon.<\/p>\r\n\r\n
Code Sections<\/th>\r\nOregon Revised Statute \u00a7\u00a7163.305 – 163.479<\/a><\/td>\r\n<\/tr>
What\u2019s prohibited?<\/th>\r\n

Rape<\/b><\/p>\r\n

First-degree rape or sodomy: Forcing someone to have sex or having sex (or deviate sex<\/a> for sodomy) with any of the following:<\/p>\r\n

Definitions<\/b><\/td>\r\n
    \r\n
  • A minor is a person under 18.<\/li>\r\n
  • A child is a person under 16.<\/li>\r\n
  • Dangerous substance means blood, urine, semen, or feces.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Penalties<\/th>\r\n

Class A felonies carry a prison sentence of up to 20 years and fines of up to $375,000:<\/p>\r\n

    \r\n
  • First-degree rape<\/li>\r\n
  • First-degree sodomy<\/li>\r\n
  • First-degree unlawful sexual penetration<\/li>\r\n<\/ul>\r\n

    Class B felonies are punishable by up to 10 years in prison and up to $250,000 in fines:<\/p>\r\n

      \r\n
    • Second-degree rape<\/li>\r\n
    • Second-degree sodomy<\/li>\r\n
    • Second-degree unlawful sexual penetration<\/li>\r\n
    • First-degree sexual abuse<\/li>\r\n
    • First-degree online sexual corruption of a child<\/li>\r\n<\/ul>\r\n

      Class C felony convictions result in up to five years in prison and up to $125,000 in fines:<\/p>\r\n

        \r\n
      • Third-degree rape<\/li>\r\n
      • Third-degree sodomy<\/li>\r\n
      • Sexual abuse in the second degree<\/li>\r\n
      • Second-degree online sexual corruption of a child<\/li>\r\n
      • Purchasing sex with a minor<\/li>\r\n
      • Unlawful contact with a child<\/li>\r\n
      • First-degree custodial sexual misconduct<\/li>\r\n<\/ul>\r\n

        Class A misdemeanors carry a penalty of up to one year in prison and up to $6,250 in fines:<\/p>\r\n

          \r\n
        • Third-degree sexual abuse<\/li>\r\n
        • Contributing to the sexual delinquency of a minor<\/li>\r\n
        • Second-degree custodial sexual misconduct<\/li>\r\n
        • Being in a location where children regularly congregate<\/li>\r\n<\/ul>\r\n

          Class C misdemeanors carry a sentence of up to 30 days in prison and up to $1,250 in fines:<\/p>\r\n

            \r\n
          • Sexual misconduct<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Defenses<\/th>\r\n

Age-Related Defenses<\/b><\/p>\r\n

It’s a valid defense that the defendant was less than three years older than the victim, and the lack of consent was based solely on the victim’s age. (This defense applies to second- and third-degree rape, second-degree sodomy, first, second-and third-degree sexual abuse, contributing to the sexual delinquency of a minor, second-degree unlawful sexual penetration, and sexual misconduct.)<\/p>\r\n

For online sexual corruption of a child, it is a defense if the offender was less than three years older than the child’s believed age. It is not a defense that the person with whom the offender was communicating was a law enforcement officer or person working at law enforcement’s direction who was over 16.<\/p>\r\n

Ignorance or mistake of the victim’s age is not a defense for third-degree rape or sexual misconduct in cases involving a child under 16.<\/p>\r\n

Ignorance or mistake of the victim’s age is a defense when guilt depends on the child being 17.<\/p>\r\n

Consent as a Defense<\/b><\/p>\r\n

Consent is a defense to rape and sexual assault. If the defendant can prove they were Ignorant of the victim’s incapacity to consent due to mental incapacitation or physical helplessness, it will be a defense to third-degree rape and sexual misconduct.<\/p>\r\n

Not Unlawful<\/b><\/p>\r\n

There is no unlawful sexual penetration if it is part of a medical or diagnostic procedure or done by a corrections officer to search for weapons, contraband, or evidence.<\/p>\r\n

Lack of Authority<\/b><\/p>\r\n

Lack of supervisory authority is a defense to custodial sexual misconduct if the person is no longer an inmate at a correction facility.<\/p>\r\n

Actual Innocence<\/b><\/p>\r\n

Ideally, your criminal lawyer will have enough evidence to prove you innocent of criminal charges. For example, if your attorney has copies of text messages between the victim and a third party stating that the event never took place, that will help prove your innocence.<\/p>\r\n

The same is true if you can prove you had an ongoing relationship with someone, both before and after the alleged rape took place. It all depends on the specific facts of your case.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Facing Sexual Assault Charges? You Need Legal Representation<\/b><\/h2>\r\n

Rape and sexual assault are some of the most serious crimes, and a conviction will have life-altering effects for both the victim and the accused. If you’re facing rape charges, consult a skilled defense attorney. Get started today by contacting an experienced Oregon criminal defense lawyer<\/a>.<\/p>\r\n

Oregon Rape and Sexual Assault Laws: Related Resources<\/b><\/h2>\r\n

If you have questions about rape, sexual assault, or a sexual offense crime, visit Findlaw’s sections on Rape<\/a>, Sexual Assault Overview<\/a>, and Sex Offenders and Sexual Offenses: Overview<\/a> for more information.<\/p>\r\n

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