Oregon Statutory Rape Laws

People in Oregon who engage in consensual sexual activity with a minor may be convicted of age-based sex crimes—commonly referred to as statutory rape.

What Is the Age of Consent in Oregon?

The age of consent in Oregon is 18. Engaging in consensual sexual activities with a minor younger than 18 can be a crime. Statutory rape laws presume that children younger than a certain age are not mature enough to give informed consent to sexual relations. Their legal incapacity is written into statute—hence the term "statutory rape."

Oregon's Statutory Rape Laws

Like many states, Oregon doesn't use the term "statutory rape" in the law. Rather, these age-based sex crimes can be considered rape, sodomy, unlawful sexual penetration, sexual abuse, or sexual misconduct. Penalties for these crimes depend on the age of the parties, their age difference, and the sexual conduct involved.

What Are the Penalties for Statutory Rape Offenses in Oregon?

Statutory rape offenses in Oregon carry penalties ranging from a class C misdemeanor to a class A felony.

Penalties for Rape or Sodomy of a Minor

Oregon's rape and sodomy offenses apply to acts of vaginal, oral, and anal intercourse with a minor younger than 16.

First-degree rape or sodomy. The harshest penalties apply when a person engages in sexual intercourse with a child younger than 12. This offense is a Class A felony. Penalties include up to 20 years in prison and a $375,000 fine.

Second-degree rape or sodomy. Class B felony penalties apply to consensual sex between a minor who is 12 or 13 and a defendant who is at least three years older than the victim. A convicted defendant faces up to 10 years in prison and a $250,000 fine.

Third-degree rape or sodomy. Consensual sex between a minor who is 14 or 15 and a defendant who is at least three years older is considered a class C felony. This crime carries up to five years of prison time and a $125,000 fine.

(Or. Rev. Stat. §§ 163.345, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405 (2024).)

Penalties for Sexual Misconduct With a Minor

It's a class C misdemeanor to have sexual intercourse (vaginal, anal, or oral) with an unmarried minor younger than 18. The law provides a defense from charges if the minor is at least 15 and the defendant is not more than 3 years older. Class C misdemeanors carry up to 30 days in jail and a $1,250 fine.

(Or. Rev. Stat. § 163.445 (2024).)

Penalties for Unlawful Penetration of a Minor

Unlawful penetration crimes involve sexual penetration with a body part or object other than the penis or mouth. The law divides this offense into two degrees.

First-degree unlawful penetration. A person can be charged with a first-degree offense by engaging in unlawful penetration with a minor younger than 12. This offense is a Class A felony, punishable by up to 20 years of prison time and a $375,000 fine.

Second-degree unlawful penetration. It's a second-degree offense when unlawful penetration sexual penetration occurs between a defendant and a minor who is 12 or 13. If penetration involves a hand only, this crime applies only when a defendant is at least three years older than the minor. This offense is a Class B felony. Penalties include a fine of up to $250,000, up to 10 years in prison, or both.

Penalties for Sexual Abuse of a Minor

Sexual abuse crimes involve sexual contact or touching (other than penetration) meant to arouse or gratify the sexual desire of either party.

First-degree sexual abuse. Sexual abuse involving a minor younger than 14 and a defendant who is at least three years older is a first-degree offense. It's punishable as a class B felony with a possible 10-year prison sentence and a $250,000 fine.

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. Penalties include a fine of up to $6,250, up to one year in jail, or both.

(Or. Rev. Stat. §§ 163.345, 163.415, 163.425, 163.427 (2024).)

Does Oregon Have a Romeo and Juliet Law?

Named after Shakespeare's young lovers, "Romeo-and-Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.

Oregon's Romeo-and-Juliet exemptions don't criminalize consensual sex between two minors who are fewer than three years apart in age—unless one is younger than 12. Sexual intercourse with a child under the age of 12 is always a serious crime, no matter the age of the defendant.

(Or. Rev. Stat. § 163.345 (2024).)

Possible Defenses to a Statutory Rape Charge in Oregon

Defendants charged with sex-related crimes of minors in Oregon have several potential defenses available to them. At the same time, the law prohibits or limits the use of certain defenses.

Actual Innocence

Defendants charged with statutory rape or a similar crime have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur."

Mistake of Age

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 claimed to be older and that a reasonable person would have believed them.

Oregon law only permits a defendant to raise a mistake-of-age defense for crimes based on a victim being older than 16 but younger than 18. The defendant must prove their belief was reasonable. For crimes based on a victim being younger than 16, mistake of age is not a defense. (Or. Rev. Stat. § 163.325 (2024).)

Is Sex Offender Registration Required for Statutory Rape Offenses in Oregon?

Oregon's Sex Offender Registry Act requires, in addition to the applicable fines and incarceration time, people convicted of certain sexual crimes (including statutory rape) to register as sex offenders. All of the crimes listed above are considered sex offenses. Adult defendants are subject to registration requirements. Oregon law doesn't, however, require all juvenile defendants to register.

(Or. Rev. Stat. ch. 163A (2024).)

Talk to a Lawyer

If you're facing charges of statutory rape, contact a criminal defense lawyer in your area. An attorney can help you navigate the criminal system, understand the charges, and defend your case.