The legal age of consent in Oregon is 18 years old. This age of consent is one of the highest in the United States and means that Oregon age of consent law defines a minor who is 17 years old or younger as incapable of consenting to sexual acts.
Anyone who engages in sexual activity with a person below the age of consent may face criminal charges, such as statutory rape, sexual abuse, or online sexual corruption of a child. The penalties for these offenses vary depending on the age of the victim, the age of the perpetrator, and the nature of the sexual act.
Exceptions for Adolescents
Oregon law does, however, include a close-in-age exemption, also known as a “Romeo and Juliet” law. This law permits adolescents aged 14 to 17 to engage in consensual sexual acts with a partner who is within three years of age difference.
Here are a few scenarios to illustrate how this law operates:
- A 17-year-old high school senior and a 14-year-old freshman are dating and engage in consensual sexual activity. Because they are within three years of each other in age, the Romeo and Juliet law protects them from potential statutory rape charges under Oregon law.
- Two 15-year-old sophomores in high school are in a relationship and decide to engage in consensual sexual activity. Since they are the same age, there is no violation of Oregon’s age of consent laws.
- A 19-year-old college freshman is dating a 16-year-old high school junior. They decide to engage in consensual sexual activities. In this scenario, even though one individual is over 18, the three-year age difference allows for the Romeo and Juliet law to apply, preventing any statutory rape charges.
However, in a situation where a 20-year-old is dating a 16-year-old, and they engage in sexual activities, this would not be covered by the Romeo and Juliet law as the age difference is more than three years. The 20-year-old could potentially be charged with statutory rape.
These scenarios show that the Romeo and Juliet law is specifically designed to avoid criminalizing teenagers who engage in consensual sexual activity when their ages are close. But it’s important to remember that these laws can vary from state to state, and any sexual activity should be consensual, respectful, and within the bounds of the law.
What Are the Penalties for Violating Age of Consent Laws?
The penalties for violating age of consent laws in Oregon vary depending on the age of the victim, the age of the perpetrator, and the nature of the sexual act.
- If the victim is 12 years old or younger, and the perpetrator is 18 years old or older, the perpetrator may face a minimum of five years in prison and a possible life sentence.
- If the victim is 13 or 14 years old, and the perpetrator is an adult (18 years old or older), the perpetrator may face a Class 4 felony, which carries a sentence of two to ten years in prison and a maximum fine of $100,000.
- If the victim is 13 or 14 years old, and the perpetrator is a minor (under 18 years old) who is more than three years older than the victim, the perpetrator may face a Class 6 felony, which carries a sentence of one to five years in prison and a maximum fine of $2,500.
- If the victim is 13 or 14 years old, and the perpetrator is a minor (under 18 years old) who is less than three years older than the victim, the perpetrator may face a Class 4 misdemeanor, which carries a fine of up to $250.
- If the victim is 15 to 17 years old, and the perpetrator is an adult (18 years old or older) who is not married to the victim, the perpetrator may face a Class 3 felony, which carries a sentence of five to 20 years in prison and a maximum fine of $100,000.
- If the victim is any age, and there is no consent for sexual intercourse, regardless of the age of the perpetrator, the perpetrator may face a charge of rape, which carries a maximum sentence of life in prison.
These are some general examples of possible penalties for violating age of consent laws in Oregon. However, each case may have different circumstances and factors that may affect the outcome. Therefore, it is advisable to consult with a lawyer if you have any questions or concerns about this topic.
Consulting an Attorney
Understanding Oregon’s age of consent laws and their implications can be complex, particularly given the severity of the potential penalties involved. If you find yourself in a situation where these laws might apply, or if you’re facing charges related to the age of consent, it is essential to consult with a knowledgeable criminal defense attorney.
In situations where age of consent laws might apply or when facing charges related to the age of consent, a knowledgeable and experienced Oregon criminal lawyer can provide crucial help in various ways:
- Understanding the Laws: Laws related to age of consent can be complicated, with many nuances and exceptions. An attorney who is well-versed in these laws can help you understand them better, explain how they apply to your specific situation, and guide you on the best course of action to take.
- Evaluating the Evidence: A criminal defense attorney can thoroughly review the evidence against you, identify weaknesses in the prosecution’s case, and develop strategies to challenge the evidence and potentially get charges reduced or dismissed.
- Navigating the Legal Process: The legal process can be confusing and intimidating, especially if you’re facing criminal charges. Your attorney will guide you through every step of the process, from pre-trial motions through trial (if necessary), ensuring your rights are protected along the way.
- Negotiating Plea Deals: In some cases, your attorney may be able to negotiate a plea deal with the prosecutor. This could involve pleading guilty to a lesser charge or receiving a lighter sentence in exchange for a guilty plea.
- Representing You in Court: If your case goes to trial, your attorney will represent you in court. This includes presenting evidence, cross-examining witnesses, and making compelling arguments to the judge or jury.
- Mitigating Consequences: In many cases, the repercussions of a conviction can extend beyond legal penalties. A criminal record could potentially affect future employment opportunities, educational prospects, or even housing applications. An adept attorney can help manage these consequences, potentially expunging the record or advocating for rehabilitation programs over punitive sentences.
These are just a few of the ways an Oregon criminal lawyer from LegalMatch can assist you. The attorney-client relationship is essential when dealing with these serious and potentially life-altering issues. So it’s crucial to find an attorney who you trust and feel comfortable with, who will fight for your rights, and who will work diligently to achieve the best possible outcome in your case.
Through LegalMatch, you can find an experienced Oregon criminal lawyer who understands the nuances of Oregon’s age of consent laws and who can provide you with the best possible defense. Use LegalMatch’s trusted attorney-client matching service today to connect with an experienced Oregon attorney who can guide you through this complex legal terrain.
Ken LaMance, Attorney at Law
Senior Editor
Original Author
Jose Rivera, J.D.
Managing Editor
Editor
Last Updated: Oct 24, 2023