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I'm 16, he's almost 18

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fabolusgurl4

Guest
What is the name of your state? Oregon
My boyfriend will be 18 next month (August) I'm 16, 17 in February....We are sexually active, but we are both not sure what to do when he turns 18...I've heard something about there having to be 3 years between us before he can get in trouble, but I'm not too sure what to believe...What is the best thing to do and what are the laws?
 


CdwJava

Senior Member
fabolusgurl4 said:
What is the name of your state? Oregon
My boyfriend will be 18 next month (August) I'm 16, 17 in February....We are sexually active, but we are both not sure what to do when he turns 18...I've heard something about there having to be 3 years between us before he can get in trouble, but I'm not too sure what to believe...What is the best thing to do and what are the laws?
Are you BOTH ready to be a mommy and a daddy? Because that's what may very well happen. "Protection" fails quite often.

Oregon revised statute 163.315 says that a person is incapable of consenting to sexual intercourse if they are under 18. It looks to be a misdemeanor unles sthe victim is under 16.

So unless your boyfriend wants to risk being a sex registrant for life, I'd say it's time to cool your jets now before one or both of you get charged.

Carl
 

Ummonx

Member
Dear Fab

Most states have a clause if two people are within a certain age of each other. which covers your situation. while your breaking the letter of the law they usually wont enforce it. and if they you have a similar age defence.

In other words I wouldn't worry about it.
good luck and take precautions
 

HomeGuru

Senior Member
Ummonx said:
Dear Fab

Most states have a clause if two people are within a certain age of each other. which covers your situation. while your breaking the letter of the law they usually wont enforce it. and if they you have a similar age defence.

In other words I wouldn't worry about it.
good luck and take precautions
**A: age defence? What the heck is that? Good Grief.
 

n_and

Member
Ummonx said:
Dear Fab

Most states have a clause if two people are within a certain age of each other. which covers your situation. while your breaking the letter of the law they usually wont enforce it. and if they you have a similar age defence.

In other words I wouldn't worry about it.
good luck and take precautions
Sure, maybe most states do. Unfortunately, the age of consent in Oregon is 18.

Exactly like Carl said.
 

You Are Guilty

Senior Member
I think Lummox was trying to describe the escalating penalties for rape when the perp is significanty older than the victim (i.e. by more than 'x' years). But I'm not fluent in dummy, so don't hold me to it.
 

JETX

Senior Member
Ummonx said:
Dear Fab

Most states have a clause if two people are within a certain age of each other. which covers your situation. while your breaking the letter of the law they usually wont enforce it. and if they you have a similar age defence.

In other words I wouldn't worry about it.
good luck and take precautions
IGNORE that idiotic post... as it has NO legal value to this thread.

The following is from the Oregon Revised Statutes:
"163.315 Incapacity to consent; effect of lack of resistance.
(1) A person is considered incapable of consenting to a sexual act if the person is:
(a) Under 18 years of age;

(b) Mentally defective;
(c) Mentally incapacitated; or
(d) Physically helpless.
(2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence."

"163.415 Sexual abuse in the third degree.
(1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and:
(a) The victim does not consent to the sexual contact; or
(b) The victim is incapable of consent by reason of being under 18 years of age.
(2) Sexual abuse in the third degree is a Class A misdemeanor."

And
"163.425 Sexual abuse in the second degree.
(1) A person commits the crime of sexual abuse in the second degree when that person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto.
(2) Sexual abuse in the second degree is a Class C felony."

and
"163.435 Contributing to the sexual delinquency of a minor.
(1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:
(a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or
(b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or
(c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes that person to engage in deviate sexual intercourse.
(2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor.

and
"163.445 Sexual misconduct.
(1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or deviate sexual intercourse with an unmarried person under 18 years of age.
(2) Sexual misconduct is a Class C misdemeanor."

You can see from the above, that depending on actual conduct, there are a variety of charges that he could face.... and NONE of them have a 'number of years difference' exemption.
Further, based on your initial post that you are sexually active, presumably he would be in violation of §163.425, which is a class C FELONY!!
 

Ummonx

Member
as I said, most states, not sure about Oregon. I know Jersey has a 4 year threshold. I just read Oregon has a 3 year, with age above 16 being a misdemeanor. but I can't quote law statutes like Jetx, and judging from many of his responses he knows what he is talking about so it could be bunk.

Regardless, prosecution in my area (Northeast) is almost non-existent considering the frequency. Not sure about other areas
 

Ummonx

Member
Oh one other thing, from 1997 revised oregon statutes. Its legal unless they changed the law since then. and yes its 3 years

163.345 Age as a defense in certain cases. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425 or 163.427 in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

(2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense. [1971 c.743 s.108; 1991 c.386 s.3; 1991 c.830 s.4]
 

JETX

Senior Member
Ummonx said:
Oh one other thing, from 1997 revised oregon statutes. Its legal unless they changed the law since then. and yes its 3 years
Though there have been some changes since that 'version', the essence of the law you cite has not changed. And with that.... I was NOT correct in my post and you were correct. The Oregon Revised Statutes do include an exemption based on age difference. :eek:
Mea Culpa.
 

Ummonx

Member
Thank you Jetx,

As I said, I have read many of your posts, This site even helped me defend a lawsuit Pro-se, (and I won). I have a great respect for the knowledge you share with us.

Ummonx
 

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