Oregon law on minors dating
It is not actually ; the law providing criminal charges for Rape II and Rape III are broad and clear – it is illegal.In theory, if two teenagers within 3 years had consensual sex after prom, they could both be charged by the DA.This provision in ORS 163.345 effectively allows sexual consent if the partners are within 3 years of age.
It was different than forcible rape: no one was accusing someone who committed sex abuse 2 of using force.It applied to cases where the victim couldn't legally consent due to age, like a 17 year old.Sure, sex with a 17 year old was already criminalized, but now it was a felony.Moreover, if less than 5 years between the 19 year old and the 14 year old (even if just a day), the 19 year old might not have to register as a sex offender. One thing that did happen is that years later, the Court of Appeals held that making the crime seriousness of Sex Abuse II a level 7 when sex with a 14 year old was only a 6 was a violation of the constitutional guarantee against disproportionality (Article I, section 16). Ofodrinwa is a case in which the defendant argues that Stamper was wrong.
The state is appealing that ruling to the Oregon Supreme Court, which has put the issue on abeyance while it decides St v. In other words, the defendant in Ofodrinwa is arguing that the Oregon legislature never intended to make the punishment for sex with a 17 year old more serious than sex with a 14 year old.
in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense. The result reveals relationships in the code that may not have otherwise been apparent.