Assaults of a sexual nature may also be charged under the state’s assault and battery laws (to learn more, see Aggravated Assault Laws in Oregon and Child Enticement in Oregon).And for information about rape between spouses, see Oregon Marital Rape Laws.
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The older adolescent will not be accused of statutory rape if there was valid consent.
The penalties for violating Oregon’s age of consent law are fairly stiff, but their severity is consistent with many other states in the country.
A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.
A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties (such as, for example, probation instead of prison time); and will know how prosecutors and judges typically handle cases like yours.
Unlike many other states, Oregon has made exceptions in its age of consent laws for adolescents who are under the age of consent, but are close to the same age.
In general, anyone 14 years or older can consent to have sex with someone who is no more than 3 years older than them.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape.
Of course, rape that does involve force or an assault is illegal in Oregon and prosecuted as forcible rape (see Oregon Sexual Battery Laws).
First-degree rape is the same crime, except the victim is aged 12 or younger. If you are accused of rape or are a victim of rape, then a criminal lawyer can help you.