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Sexual Crimes

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Sex Crimes Against Children

 

What are Oregon’s sexual crimes against children?  The following is information about allegations of sex crimes against children.  Sex crimes against non-consenting adults are covered in another chapter.  Under Oregon law, minors (people under 18 years of age) cannot legally consent to sexual contact.  There is an exception when the adult is less than three years older than the minor.

Sexual Abuse:  Sexual Abuse in the Third Degree is charged when a person is alleged to have engaged in “sexual contact” with a child less than 18 years of age.  “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.  The most common sexual abuse charges allege touching the vagina or penis of a child for sexual purposes.  Sexual Abuse in the First Degree alleges the same sexual contact when the child is under 14 years of age.

Unlawful Sexual Penetration:  Unlawful Sexual Penetration in the Second Degree is charged when a person is alleged to have penetrated the vagina, anus, or penis of a child under the age of 14 with “any object other than the penis.”  The most common unlawful sexual penetration charges allege penetration of the vagina or anus of a child with a finger for sexual purposes.  Unlawful Sexual Penetration in the First Degree alleges the same penetration when the child is under the age of 12.

Rape:  Rape in the Second Degree is charged when a person is alleged to have sexual intercourse with a child under the age of 14.  The most common rape charges allege penis to vagina sexual intercourse with a child.  Rape in the First Degree alleges the same sexual intercourse with a child under the age of 12.

Sodomy:  Sodomy in the Third Degree is charged when a person is alleged to have “deviate sexual intercourse” with a child under the age of 16.  Deviate sexual intercourse means contact between the sex organs of one person and the mouth or anus of another regardless of which person is the child.  The most common sodomy charges allege oral or anal sex.  Sodomy in the Second Degree alleges the same deviate sexual intercourse with a child under the age of 14. Sodomy in the First Degree alleges the same deviate sexual intercourse with a child under the age of 12.

Contributing to the Sexual Delinquency of a Minor:  Contributing to the Sexual Delinquency of a Minor is charged when a person is alleged to have sexual intercourse or deviate sexual intercourse with a child under the age of 18.

Sexual Abuse in the Second Degree:  Sexual Abuse in the Second Degree is charged when a person is alleged to have committed penetration, sexual intercourse, or deviate sexual intercourse as defined in each section above with a person who “does not consent.”  As indicated no child under 18 years of age may consent.  Sexual Abuse in the Second Degree, therefore is a “catch-all” provision for Unlawful Sexual Penetration, Rape, or Sodomy when the child is over the indicated age (12, 14, or 16) but under 18.

What should I do if a sexual crime is charged against me in Oregon?  Sex Crimes are some of the most serious charges that can be made against you.  In addition to the legal consequences, the damage to your reputation and family can be devastating.  Often allegations of sexual charges are made long before a formal charge is made.  There is often a lot that can be done by a qualified criminal defense attorney to stop false charges before they occur.  If you think that you might be accused of a sexual crime in Oregon, this is without question something that you should not try to deal with by yourself.  Call Barry W. Engle PC at (503) 224-2171 for a confidential consultation.