Oregon Rape and Sexual Assault Laws

Rape

First-degree rape or sodomy: Forcing someone to have sex or having sex (or deviate sex for sodomy) with any of the following:

• Someone under 12 years of age
• A person under 16 who is the defendant's sibling, spouse, or spouse's child
• Someone who cannot consent due to a mental defect, mental incapacitation, or physical helplessness

Second-degree rape or sodomy: Having sex (or having deviate sex for sodomy) with a person under 14

Third-degree rape or sodomy: Having sex (or having deviate sex for sodomy) with a person under 16

Unlawful sexual penetration

First-degree unlawful sexual penetration: Penetrating the vagina or anus of another person with any object other than the penis or mouth in the following situations

• By force
• To a victim under 12
• To someone incapable of consent due to a mental defect, mental incapacitation, or physical helplessness

Second-degree unlawful sexual penetration: The same elements as first-degree unlawful sexual penetration but with a person under 14

Sexual abuse

First-degree sexual abuse: This sex crime involves any of the following:

• Forcing someone to engage in sexual contact
• Having sexual contact with a person under 14
• Having sexual relations with someone incapable of consent due to mental defect, mental incapacitation, or physical helplessness
• Intentionally causing a person under 18 to touch the mouth, anus, or sex organs of an animal to arouse or gratify a person's sexual desires.

Second-degree sexual abuse: This crime involves the following:

• Having sex or deviate sex, or penetrating the vagina or the anus of another with any object other than the penis or mouth without consent
• Committing third-degree sexual abuse (see below) when the offender is 21 or older and was also the victim's coach at any time before the crime.

Third-degree sexual abuse: Engaging in the following sex acts:

• Having sexual contact without consent or with a person under 18
• Intentionally propelling any dangerous substance at a victim without their consent to arouse or gratify a person's sexual desires.

Online sexual corruption of a child

First-degree online sexual corruption of a child: Committing second-degree online sexual corruption of a child (see below) and intentionally taking a substantial step towards physically meeting the child

Second-degree online sexual corruption of a child: The offender is 18 or older and knowingly uses online communications to solicit a minor for sexual contact and offering or agreeing to meet the child physically

Contributing to sexual delinquency of a minor: the offender is 18 or older and has sex or deviate sex with a person under 18 or causes that person to have deviate sex

Sexual misconduct

Sexual misconduct: Having sex or deviate sex with an unmarried person under 18

First-degree custodial sexual misconduct: The same elements as second-degree custodial sexual misconduct with the addition of deviate sex or penetration of the vagina or anus of another person with any object other than the offender's penis or mouth

Second-degree custodial sexual misconduct: Having sex with someone while in a position of supervisory authority, and with the knowledge the person is an inmate, on parole or probation, or on a work release program.

Unlawful contact with a child

This crime involves any of the following:

• Unlawfully being in a location where children regularly congregate.
• Having the prior designation of sex offender and knowingly entering or remaining in or upon places where persons under 18 regularly gather

Unlawful contact with a child: Someone with a prior designation of sex offender and knowingly contacting a child with the intent to commit a crime or to arouse or satisfy a person's sexual desires

• A minor is a person under 18.
• A child is a person under 16.
• Dangerous substance means blood, urine, semen, or feces.

Class A felonies carry a prison sentence of up to 20 years and fines of up to $375,000:

• First-degree rape
• First-degree sodomy
• First-degree unlawful sexual penetration

Class B felonies are punishable by up to 10 years in prison and up to $250,000 in fines:

• Second-degree rape
• Second-degree sodomy
• Second-degree unlawful sexual penetration
• First-degree sexual abuse
• First-degree online sexual corruption of a child

Class C felony convictions result in up to five years in prison and up to $125,000 in fines:

• Third-degree rape
• Third-degree sodomy
• Sexual abuse in the second degree
• Second-degree online sexual corruption of a child
• Purchasing sex with a minor
• Unlawful contact with a child
• First-degree custodial sexual misconduct

Class A misdemeanors carry a penalty of up to one year in prison and up to $6,250 in fines:

• Third-degree sexual abuse
• Contributing to the sexual delinquency of a minor
• Second-degree custodial sexual misconduct
• Being in a location where children regularly congregate

Class C misdemeanors carry a sentence of up to 30 days in prison and up to $1,250 in fines:

• Sexual misconduct

Age-Related Defenses

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.)

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.

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.

Ignorance or mistake of the victim's age is a defense when guilt depends on the child being 17.

Consent as a Defense

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.

Not Unlawful

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.

Lack of Authority

Lack of supervisory authority is a defense to custodial sexual misconduct if the person is no longer an inmate at a correction facility.

Actual Innocence

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.

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.