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 if the victim was at least 15 years of age at the time of the alleged offense. The result reveals relationships in the code that may not have otherwise been apparent.
[1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1] Age difference of less than three years is not defense where victim does not give actual consent.
By 1920 ages of consent generally rose to 16-18 and small adjustments to these laws occurred after 1920. From 2005 onwards states have started to enact Jessica's Law statutes, which provide for lengthy penalties (often a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring) for the most aggravated forms of child sexual abuse (usually of a child under age 12). Louisiana, the Supreme Court of the United States ruled that the death penalty for rape of a child was unconstitutional.
As of 2015 the final state to raise its age of general consent was Hawaii, which changed it from 14 to 16 in 2001. forbids the use of the United States Postal Service or other interstate or foreign means of communication, such as telephone calls or use of the internet, to persuade or entice a minor (defined as under 18 throughout the chapter) to be involved in a criminal sexual act.
Depending on the jurisdiction, legal age of consent ranges from 16 to 18 years old.
In some places, civil and criminal laws within the same state conflict with each other.
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. Aragorn, 189 Or App 65, 73 P3d 939 (2003), Sup Ct review denied Under evidence that defendant intentionally touched victim's buttocks through clothing, whether such conduct constituted "sexual contact" of victim's "intimate parts" was question for jury. Buller, 31 Or App 889, 5 (1977) Genitalia and breasts are intimate parts as matter of law under this section, and undeveloped genitalia and breasts of children are included within definition. Turner, 33 Or App 157, 5 (1978), Sup Ct review denied Rule that state is not permitted to introduce evidence of other crimes or bad acts solely to prove defendant acted as on prior occasions is strictly applied in sex crime cases, even those involving deviate sexual behavior, in so far as conduct with persons other than victim is concerned. Sicks, 33 Or App 435, 576 P2d 834 (1978) 51 OLR 428, 518-522, 555 (1972) Legislative Counsel Committee, Annotations to the Oregon Revised Statutes, Cumulative Supplement - 2015, Chapter 163, https:// (2015) (last accessed Jul. Oregon assembles these lists by analyzing references between Sections.
, 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. Kitt, 129 Or App 591, 8 (1994) Adult charged as accomplice or with inchoate crime does not obtain defense solely by reason that defense would be available to minor contemplated as having committed underlying conduct. Each listed item refers back to the current Section in its own text.
Ashley female, age 17, USA Dear Ashley, If both people having consensual sex are the same age, it's not statutory rape.
Dear Panel, I am currently 17 and my girlfriend is 16.
We have our birthdays on the same day which is March 25. Can anyone besides her call Statutory Rape on me including her parents?
While the general age of consent is now set between 16 and 18 in all U. states, the age of consent has widely varied across the country in the past.
In 1880, the age of consent was set at 10 or 12 in most states, with the exception of Delaware where it was 7.