Oregon sexual abuse charges can be either misdemeanor or felony charges.
Oregon Sexual Abuse
in the First Degree (ORS 163.427)
A person commits the crime of sexual abuse in the first degree when that person:
- Subjects another person to sexual contact and:
- The victim is less than 14 years of age;
- The victim is subjected to forcible compulsion by the actor; or
- The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or
- Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.
(2) Sexual abuse in the first degree is a Class B felony, and a Measure 11 offense subject to mandatory prison time.
Oregon Sexual Abuse
in the Second Degree (ORS 163.425)
A person commits the crime of sexual abuse in the second degree when:
- The person subjects another person to sexual intercourse, deviate sexual intercourse or– except as provided in ORS 163.412– penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or
- The person commits the crime of Sexual Abuse in the Third Degree;
- The person is 21 years of age or older; and
- At any time before the commission of the offense, the person was the victim’s coach.
Sexual abuse in the second degree is a Class C felony. It is not a Measure 11 offense, but is subject to Oregon’s Felony Sentencing Guidelines.
Oregon Sexual Abuse
in the Third Degree (ORS 163.415)
A person commits the crime of sexual abuse in the third degree if:
- The person subjects another person to sexual contact and:
- The victim does not consent to the sexual contact; or
- The victim is incapable of consent by reason of being under 18 years of age; or
- For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim. “Dangerous substance” means blood, urine, semen or feces.
Sexual abuse in the third degree is a Class A misdemeanor.
Defenses to Sexual Abuse in Oregon
Defenses to criminal charges of these offenses, include but are not limited to:
- Consent (for charges based on a lack of consent theory)
- Lack of age difference (for age-based charges)
- Lack of physical force or compulsion (for charges based on forcible compulsion)
- Lack of mental incapacity on the part of the alleged victim (for charges based on mental defect, mental incapacitation or physical helplessness)
- Lack of intent for arousal or gratification of sexual desire (e.g. touching or contact for another purpose)
- Mistaken identity
- Mistaken conduct or false memories
- Fabricated charges or motivation to lie
Oregon Criminal Defense Attorney Michael Romano
If you are facing sex abuse charges in Oregon, you’re going to need a criminal defense attorney immediately. It’s of critical importance that you not speak with anyone about the allegations, invoke your right to remain silent if questioned by the police, and retain an attorney at the earliest opportunity. There are very few criminal charges in Oregon more serious than sex offenses.