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First degree sexual abuse includes sexual contact sexual touching, other than penetration, meant to arouse or gratify sexual desire between a minor younger than 14 and a defendant who is at least three years older. Third degree sexual abuse includes sexual contact between a minor who is 14, 15, 16, or 17, and a defendant who is at least three years older. This offense is a class A misdemeanor. Generally, the younger the victim and the older the defendant, the more severely the crime can be punished. For example, a man who has sexual intercourse with a boy could be convicted of sodomy.
In Oregon, there is a Romeo and Juliet exemption that protects from prosecution consensual sex between two minors who are younger than 18 and fewer than three years apart in age. However, sexual contact with a child under the age of 12 is always a serious crime, no matter the age of the defendant.
A conviction for engaging in sexual activity with someone younger than 12 years old can result in up to 20 years in prison. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
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But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one—to avoid conviction in Oregon. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. 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.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Oregon Age of Consent Lawyers | LegalMatch Law Library
Statutes governing Oregon's age of consent, associated criminal charges, available defenses, and penalties for conviction. When Both Parties Are Minors: Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. See a Lawyer If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
Updated August 9, Share on Google Plus. The Criminal Law Amendment Act of raised it to According to sociologist Matthew Waites, in the s, a number of grassroots political actions took place in Britain in favor of lowering the age of consent, which he described as based on claims of children's rights, gay liberation, or as a way to avoid unwanted pregnancies or sexually transmitted infections.
In May , the Campaign for Homosexual Equality suggested a basic age of consent of 16, but 12 "in cases where a defendant could prove the existence of meaningful consent". In , the British political advocacy group the National Council for Civil Liberties now known as Liberty published a proposal advocating reducing the age of consent laws to 10 years of age, only when both individuals are younger than 14, with a close-in-age exemption of two years if one of the involved individuals is older than 14 but younger than Russia in lowered the age of consent from 16 to 14,  but in raised the age of consent from 14 back to Vladimir Putin said that a party advocating lowering the age of consent cannot be legally registered hence, be a legal party in Russia.
Oregon Age of Consent Lawyers
In January , a Division bench of the Kerala 's High Court in Southern India suggested that the age of consent should be raised from 16 to 18 in that state. Basant said he considered "illogic al " that a legal system in which an age of 18 is used for other purposes — like the Indian Majority Act, the Contract Act, the Juvenile Justice Act , the Child Marriage Restraint Act and the Representation of People Act — has a different approach in the case of sexual consent.
Over the course of American history, the most commonly observed age of consent was 10 years. In , 37 states had an age of consent of 10 years while 10 states kept an age of consent at 12, and Delaware maintained its age of consent at seven years, having lowered it from 10 in In the lateth century, a " social purity movement " composed of Christian feminist reform groups began advocating a raise in the age of consent to 16, with the goal of raising it ultimately to 18, and by almost all states had raised their age of consent to 16 or By the mids, there was widespread sympathy among homosexual activist groups for lowering the age of consent for all sexual activities partially due to the disparate ages of consent for same-sex and opposite-sex sexual activity ,  with many gay publications freely discussing lowering it for boys.
A small number of voices continued into the s among self-declared pedophiles on certain internet websites and chatrooms. Two final states legislating their ages of consent into the 15—18 range were Georgia and Hawaii, from 14, raised in and , respectively. As of August 1, , the age of consent in each state in the United States was either 16 years of age, 17 years of age, or 18 years of age. In , the legislature in Hawaii voted to raise the age of consent from 14 to Georgia was the most notoriously resistant state to raising its age of consent in the early s.
Georgia's age of consent was 10 until , and even then the age of consent was only raised to In , following the infamous case of Genarlow Wilson Wilson v. State , aggravated child molestation was reduced to a misdemeanor with a maximum of one year in prison if the offender was under 19, the victim was either 14 or 15 years old, and the offender is no more than 48 months older than the victim. Georgia penal code, Previously aggravated child molestation at any age carried 10—20 years imprisonment regardless of the age difference between the victim and offender. In in Kentucky Representative JR Gray sponsored legislation in the state legislature that passed making it a felony for a teacher to have sex with a student under the age of He also discussed the possibility of raising the age of consent from 16 to 18 but a bill was not produced for that.
Oregon’s Statutory Rape Laws and Potential Penalties
In a bill was proposed in the Missouri legislature to raise the age of consent from 17 to It was sponsored by Representative Stanley Cox. In South Carolina in a bill was proposed before the legislature to raise the age of consent from 16 to Prior to Wisconsin had an exception to the law that allowed adults who were guilty of sex with minors 15 or older to use as a defense that the victim understood the nature of the sexual act, but there was a rebuttable presumption in Wisconsin that minors under the age of 18 were not capable of informed consent to sex, but as stated, this could be argued against by the defendant in the court of law if the minor was 15 years of age or older.
In the age of consent was lowered from 18 to 16 in Wisconsin, but at the same time it was made an automatic felony to have sex with anyone under 16, informed consent for a year-old was no longer a defense an adult defendant could use in court. In the age of consent in Wisconsin was raised from 16 to 18, under the new law sex with a minor 16 or older carried the lesser penalty of a Class A Misdemeanor.
A marital exemption was included in the law for an adult who was married to a minor 16 or older, but no close-in-age exception was. In June , the Canadian government proposed a bill to raise the age of consent from 14 to 16 in , it was raised from 12 to 14 , while creating a near-age exemption for sex between to year-olds and partners less than 5 years older, and keeping an existing near-age clause for sex between 12—13 year olds and partners less than 2 years older.
The initiative also maintains a temporary exception for already existing marriages of minors 14 and 15 years old to adults, but forbids new marriages like these in the future. Between and , the Netherlands operated what was in effect an age of consent of 12, subject to qualifications.
In while a reform in the French penal code was under discussion in the parliament, a petition to decriminalize all consented relations between adults and minors below the age of fifteen was sent to Parliament but did not succeed in changing the law. Some pedophiles have called to abolish the age of consent to allow adults to have sex freely with prepubescent children, arguing they can consent. Several organizations in them have been involved with pro-pedophile activism in the past; only a few of these still exist today.
In the United States, many states have adopted close-in-age exemptions. These laws, known as "Romeo and Juliet laws"  provide that a person can legally have consensual sex with a minor provided that he or she is not more than a given number of years older, generally four years or less. Romeo and Juliet laws were passed in in Connecticut and Indiana. Michigan passed a Romeo and Juliet Law in These reforms have been controversial. In Texas, Governor Rick Perry vetoed Romeo and Juliet laws that had been passed by the legislature in ,  but signed one in to go into effect in September of that year.
Limon case, Kansas's Romeo and Juliet law was found to be unconstitutional because it excluded same-sex sexual conduct. Some countries other than the United States also have Romeo and Juliet laws. Ireland's law has been contested because it treats girls differently from boys.
Advice from the Oregon Legislature: If you absolutely have to have sex with a minor, then. . . .
From Wikipedia, the free encyclopedia. Age of consent reform UK. Ages of consent in the United States. Age of consent reform in Canada.
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Romeo and Juliet laws. Children and Youth in History. Retrieved 3 August