Rape is a felony in Oregon. There are three degrees: The First and Second Degree offenses are Measure 11 offenses, while the Third Degree offense is a non-Measure 11 offense.
Oregon Rape Laws and Sexual Assault Crimes
The Oregon laws for this class of offense are essentially based on a lack of consent to sexual intercourse, and two general theories: (1) the victim did not consent and was physically forced or threatened, or (2) the victim could not consent because of their age or lack of mental capacity.
Oregon Rape in the First Degree (ORS 163.375)
A person who has sexual intercourse with another person commits the crime of Rape in the First Degree if:
- The victim is subjected to forcible compulsion by the person;
- The victim is under 12 years of age;
- The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or
- The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
This crime is a Class “A” felony and a Measure 11 offense subject to mandatory prison time.
Oregon Rape in the Second Degree (ORS 163.365)
A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.
This crime is a Class “B” felony and a Measure 11 offense subject to mandatory prison time.
Oregon Rape in the Third Degree (ORS 163.355)
A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.
This crime is a Class “C” felony. It is a non-Measure 11 offense, but subject to Oregon’s felony sentencing guidelines.
Oregon Romeo and Juliet Laws
Some states have laws informally and commonly known as “Romeo and Juliet laws.” They are close-in-age exemption laws designed to prevent charges of rape against individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent. However, Oregon does not have a “Romeo and Juliet law.”
Defenses to Rape and Sexual Assault in Oregon
Defenses to criminal charges of rape and sexual assault, 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)
- Mistaken identity
- Mistaken conduct or false memories
- Fabricated charges or motivation to lie
Oregon Criminal Defense Attorney Michael Romano
If you are facing rape or sexual assault 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 rape or sexual assault allegations.