Statutory Rape

Statutory Rape Defense Attorney in Oregon City

Defending Against Oregon’s Rape & Sexual Abuse Charges Involving Minors

Oregon doesn’t have a crime on the books called “statutory rape.” What most people refer to by that term is prosecuted under rape in the third, second, or first degree, sexual abuse statutes, or related offenses. The applicable charge and its penalties depend on the alleged victim’s age and, in some cases, the age gap between the parties. These are among the most serious charges Oregon law recognizes, and the consequences of a conviction extend well beyond prison time.

Attorney Sarah Morrisson spent years in public defense representing clients charged with sexual assault offenses, including the kind of allegations that fall under Oregon’s age-based rape and sexual abuse statutes. That background informs how we approach these cases from the moment charges are filed.

If you or someone you know is facing charges related to sexual conduct involving a minor, contact us now for a free case analysis. Call (971) 299-8747.

Why Clients in Clackamas County Turn to Morrisson Law LLC

Morrisson Law LLC is a woman-owned, independently operated criminal defense firm. We don’t handle criminal defense as one department inside a larger practice. It’s all we do. When you work with us, you get direct access to Attorney Morrisson throughout your case, not a rotating cast of associates.

Attorney Morrisson is licensed in both Oregon and Washington and serves clients in Multnomah, Washington, Clackamas, Yamhill, Columbia, Clark, and Cowlitz Counties. We’re also licensed in the U.S. District Court for the District of Oregon, so we can represent clients whether a matter is charged at the state level or escalates to a federal proceeding.

What a Conviction Can Mean Under Oregon Law

Oregon’s Ballot Measure 11 established mandatory minimum sentences for certain serious offenses, and it applies directly to second- and first-degree rape charges. In nearly all cases, a judge cannot reduce the sentence below the statutory floor regardless of the circumstances or the defendant’s background.

The penalty ranges for age-based rape charges in Oregon:

Rape in the third degree (intercourse with a person under 16) is a Class C felony, punishable by up to 5 years in prison and fines up to $125,000.
Rape in the second degree (victim under 14) is a Class B felony carrying a Measure 11 mandatory minimum of 6 years and 3 months in prison.
Rape in the first degree (victim under 12) is a Class A felony with a Measure 11 mandatory minimum of 25 years in prison, with no discretion for the court to impose less.

Beyond incarceration, a conviction generally requires registration on Oregon’s sex offender registry, which can restrict where a person lives or works in relation to children.

Start with a Free Case Analysis

Charges involving allegations of sexual conduct with a minor move quickly. Early legal involvement gives us the opportunity to assess the evidence, identify applicable defenses, and engage with the process before decisions get made without your input. We offer free case analyses so you can understand your situation and your options before committing to anything.

You’ll have direct access to Attorney Morrisson throughout your case. Call (971) 299-8747 to speak with our team at Morrisson Law LLC.

How Oregon Grades Rape Charges by the Victim’s Age

The degree of a rape charge under Oregon law turns entirely on the alleged victim’s age at the time of the alleged conduct. Oregon’s age of consent is 18, but the statutory thresholds that determine which charge applies are set lower.

The age-based framework for rape charges:

Rape in the third degree applies to sexual intercourse with a person under 16 years of age.
Rape in the second degree applies when the alleged victim is under 14, regardless of the accused’s age.
Rape in the first degree applies when the alleged victim is under 12.

Sexual contact that doesn’t involve intercourse is charged separately under Oregon’s sexual abuse statutes, which carry their own age-based degrees and penalty ranges. A case may involve multiple counts across different statutes depending on the specific allegations.

Oregon’s Statutory Defenses: Mistake of Age & the Romeo and Juliet Provision

Two narrow statutory defenses exist under Oregon law for some of these charges. Understanding which applies, and where each one stops, is critical to evaluating any defense strategy.

Mistake-of-Age Defense

Oregon’s mistake-of-age defense depends on which age threshold the charge is built around. When a charge is based on the alleged victim being under 16, as with rape or sodomy in the third degree, it is not a defense that the accused didn’t know the victim’s age or reasonably believed the victim was older. When a charge is based on a different specified age threshold, such as under 12 or under 14, Oregon law permits an affirmative defense if the accused can show a reasonable belief that the victim was above that age.

Romeo & Juliet Age-Gap Exception

Oregon’s “Romeo and Juliet” provision creates a defense to rape and sodomy in the second and third degree, sexual abuse in the first, second, and third degree, and contributing to the sexual delinquency of a minor. It applies when the accused was fewer than three years older than the alleged victim and age was the only legal barrier to consent. This defense doesn’t apply to rape in the first degree under any circumstances, and it doesn’t apply automatically. It must be raised and supported.

How a Statutory Rape Investigation Unfolds in Clackamas County

These cases typically begin with a report from the alleged victim, a parent, school officials, or a mandatory reporter required by law to disclose suspected abuse. Police then conduct interviews, collect digital evidence, and in many cases arrange a forensic medical examination. Investigators often obtain search warrants for phone records or online communications well before any charges are filed.

Once the investigation is complete, the case is referred to the district attorney’s office to determine whether to charge. Felony criminal matters arising in Clackamas County, including these kinds of charges, are heard in Clackamas County Circuit Court in Oregon City. If you’re under investigation or have already been charged, the time to retain legal representation is now, before that process moves any further.

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