You know that being charged with a crime like sexual assault or rape is extremely serious.
Every person has the right to defend themselves.
If you or someone you care about has been accused of rape, or sexual assault, you should talk with an Oregon sexual assault criminal defense attorney as soon as possible. Get started on a free consultation.
Sexual Assault Crimes
Sexual assault is an umbrella term that covers any type of sexual encounter without a person's consent. The law says that a person is not capable of consent if they are under 18 years old, physically helpless, mentally challenged or otherwise incapacitated.
Most of sexual assault charges involve one or more of the following acts:
- Rape: Sexual intercourse forced upon a person, through physical force or coercion, or without consent.
- Sodomy: Oral or anal sexual intercourse.
- Sexual abuse: Inappropriate or unwanted sexual contact; child molestation, inappropriate touching.
- Incest: Sexual intercourse with a close relative.
- Public indecency: Indecent exposure, or sexual acts in a public place.
In Oregon, sexual assault charges are categorized by degree. Many are felony charges, some are misdemeanors.
Class A Felony Sexual Assault
- Rape in the First Degree: Rape I
- Sodomy in the First Degree: Sodomy I
- Sexual Penetration in the First Degree: Unlawful Sexual Penetration I
Each of these crimes is a Class A felony, if the accuser was:
- Forced or threatened;
- under 12 years old, or under 16 and related to the accused, or
- if the accuser is otherwise not capable of consent.
If you are convicted of a Class A felony, you will face up to twenty years in prison, and up to $375,000 in fines.
In Oregon, these are Measure 11 crimes: the mandatory minimum prison sentence is between 70 and 300 months, with no parole. Juveniles who are 15 and older will be tried as adults.
You should speak to a sexual assault criminal defense lawyer as soon as possible.
Oregon Law for Rape I: ORS 163.375 / Oregon Law for Sodomy I: ORS 163.405 / Oregon Law for Unlawful Sexual Penetration I: ORS 163.411
Class B Felony Sexual Assault
- Sexual Abuse in the First Degree: Sexual Abuse I
- Rape in the Second Degree: Rape II
- Sodomy in the Second Degree: Sodomy II
- Sexual Penetration in the Second Degree: Unlawful Sexual Penetration II
Each of these crimes is a Class B felony, regardless of whether or not the activity was believed to be consensual, if the accuser was:
- Forced or threatened: or,
- under 14 years old or otherwise not capable of consent.
If you are found guilty of a Class B felony, you will face up to ten years in prison, and up to $250,000 in fines.
In Oregon, these are Measure 11 crimes, with mandatory minimum sentences and no parole. Juveniles who are 15 and older will be tried as adults.
Oregon Law for Sexual Abuse I: ORS 163.427 / Oregon Law for Rape II: ORS 163.365 / Oregon Law for Sodomy II: ORS 163.395 / Oregon Law for Unlawful Sexual Penetration II: ORS 163.408
Class C Felony Sexual Assault
- Rape in the Third Degree: Rape III
- Sodomy in the Third Degree: Sodomy III
- Sexual Abuse in the Second Degree: Sexual Abuse II
- Incest
The crimes of Rape III and Sodomy III are a Class C felony, regardless of whether or not the activity was consensual, if:
- the accuser was penetrated with any object, or
- the accused was an athletic coach for the accuser when they were a minor.
If you are convicted of a Class C felony, you will face up to 5 years in prison, and up to $125,000 in fines.
Oregon Law for Rape III: ORS 163.355 / Oregon Law for Sodomy III: ORS 163.385 / Oregon Law for Sexual Abuse II: ORS 163.425 / Oregon Law for Incest: ORS 163.525
Misdemeanor Sex Crimes
- Sexual Abuse in the Third Degree: Sexual Abuse III
- Public Indecency
Sexual Abuse III is considered a Class A misdemeanor if, for the purpose of sexual gratification, the accuser was subject to:
- Sexual contact without consent;
- Was not capable of consenting to sexual contact; or,
- Was struck with a dangerous substance like semen or blood.
Public indecency is considered a Class A misdemeanor if the accused did the following in public view or space:
- Sexual intercourse;
- Masturbation;
- Genital exposure with sexual intent.
Oregon Law for Sexual Abuse III: ORS 163.415 / Oregon Law for Public Indecency: ORS 163.465
Consult a Criminal Defense Attorney for Assault Charges
If you are facing life-changing criminal charges in Oregon, get help as soon as possible. The faster you act, the more we can do to protect your legal rights. Set up a free consultation with a criminal defense attorney.