Oregon Sexual Battery Laws

Sexual Battery in Oregon refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Oregon, sexual battery is codified in the law as sexual abuse. According to the laws of Oregon;

• Sexual Abuse I is defined as:
  • subjects another person to sexual contact and the person is:
    • under 14 years of age; or
    • subject to forcible compulsion (substantial force or threats needed); or
    • incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
  • 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.
• Sexual Abuse II is defined as:
  • sexual intercourse or deviate sexual intercourse or sexual penetration with a person who does not consent thereto.

Penalties for Sexual Battery in Oregon 

The penalty for sexual battery codified as sexual abuse has the following sentencing guidelines:

• Sexual Abuse I: Class B felony, Up to 10 years; $200,000 fine
• Sexual Abuse II: Class C felony, Up to 5 years: $100,000 fine

Defense of a Sexual Battery in Oregon

The list of defenses for Sexual battery in Oregon here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Oregon  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.