None of this is in dispute. 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 The state is appealing that ruling to the Oregon Supreme Court, which has put the issue on abeyance while it decides St v.
Ofodrinwa is a case in which the defendant argues that Stamper was wrong. 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. It never intended to make sex with a 17 year old a registerable offense regardless of the circumstances when sex with a 14 year old might not be.
In other words, it never intended to discourage sex with 17 year olds more than it discouraged sex with 14 year olds. It is still under advisement. We will know soon what the Oregon Supreme Court really thinks the Oregon legislature intended. Make a Suggestion Report a Problem Login. Views View View source History. Retrieved from " https: This page was last modified on August 10, , at The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult.
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. For information about rape between spouses, see Marital Rape Laws.
In Oregon, statutory rape includes sex or other sexual behaviors between an adult and someone younger than The crime is broken into several categories, explained below. Rape in the first degree includes consensual sex between a minor who is younger than 12 and a defendant of any age. This offense is a Class A felony. Rape in the second degree includes consensual sex between a minor who is 12 or 13, and a defendant who is at least three years older than the victim.
This offense is a Class B felony. Rape in the third degree includes consensual sex between a minor who is 14 or 15, and a defendant who is at least three years older than the victim. This offense is a Class C felony. First degree unlawful sexual penetration includes sexual penetration with a body part or object other than the penis or mouth that occurs between a minor younger than 12 and a defendant of any age.
Second degree unlawful sexual penetration includes sexual penetration between a minor who is 12 or 13, and a defendant who is at least three years older than the victim. 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. Does the Punishment Fit the Crime? While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth.
One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl. Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released. Are Statutory Rape Laws Outdated?
Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision.
The laws are designed to protect young people who have less information and power than their and-over counterparts. For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant.
Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child. And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state. But not all parties agree on how strict the laws should be. Critics of strict statutory rape laws argue that while sexual relationships between teens relatively close in age may be morally questionable, prosecuting every case would unnecessarily clog up the justice system.
But advocates of more diligent enforcement of statutory rape laws believe that the laws help combat the often underreported and hard-to-prove sexual abuse and rape of young girls. Others add that imprisoning men who are convicted of the crime could have a significant impact on teenage pregnancy and birth rates. Know the Laws in Your State Dating is a normal part of teenage life. But with the privilege of dating comes serious responsibilities.