Oregon USLegal Guide to Statutory Rape

State:
Multi-State
Control #:
US-GDE-19
Format:
Word; 
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Description

This guide provides an overview of statutory rape laws in the U.S. Topics covered include age of victim thresholds, reporting requirements, enforcement of the law, and and links to resources.

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FAQ

So, any form of sexual activity involving an adult and a minor may violate the law. This is true even when the child seems to consent to the act.

In Oregon, like most other states, the age of majority is 18. Minors under the age of 18 still retain certain rights and responsibilities in specific circumstances.

Oregon Law provides that a person under 18 years of age cannot consent to a sexual act. In Oregon, you must be at least 18 years old to give valid consent. Consent given by an individual under the age of 18 will not be presumed valid. However, there may be defenses available, such as the defense specified in ORS163.

Section 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 ...

The age of consent is the age at which a person can legally consent to sexual activity. In California, it's 18 years old, meaning anyone under this age cannot legally consent to have sex with someone else, no matter how willing they may be.

Statutes governing Oregon's age of consent, associated criminal charges, available defenses, and penalties for conviction. In Oregon, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 18), even if the sex is consensual. Those who break the law have committed statutory rape.

Oregon does not have a Romeo and Juliet law. This means that anyone under the age of 18 cannot legally consent to sexual activity, regardless of the age of their partner. Even if the relationship is consensual, charges can still be filed against both parties for statutory rape.

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Oregon USLegal Guide to Statutory Rape