Sexual Assault & Child Sexual Abuse Laws In Oregon

Sexual Assault & Child Sexual Abuse Laws In Oregon 2018-04-27T13:42:49+00:00
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Child sexual abuse and sexual assault are widespread problems in the U.S., affecting countless victims every day. If you're the survivor of one of these traumatic crimes, you may be wondering:

  • Will the person who abused me be sent to prison?
  • You want to know what your legal options are
  • You want those who enabled the abuse to occur to be held accountable

Our Oregon sexual abuse victims' lawyers take pride in helping survivors and their families find justice in civil court.

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Survivors of sexual crimes deserve to be compensated for their trauma and for other damages related to their abuse.

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Are you curious how your state’s criminal justice system prosecutes sex offenders after you or a loved one was victimized by a sexual predator? You’ve come to the right place.

Oregon's Criminal Laws For Sexual Offenses

We’ve summarized Oregon’s sexual assault laws in the section below so that victims can get a better idea of how their offender may be punished. But remember that the criminal justice system is one of two legal systems which can help survivors of these crimes. In order to get the financial support you’ll need and hold negligent third parties responsible for allowing the crime to occur, it’s often necessary to file a civil sexual abuse lawsuit.

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A civil lawsuit offers victims the chance to find justice in ways they can't through the criminal justice system, including:

  • Demanding accountability from organizations and other third parties who enabled the sexual abuse
  • Holding perpetrators financially liable and accountable, in some cases even without a criminal conviction
  • Securing financial compensation for personal and financial difficulties related to the abuse

If your family has recently been affected by sexual assault or sexual abuse and you’re unsure what to do next, our Oregon sexual abuse victims’ rights lawyers can help you understand your legal options in a free consultation.

Sexual Crime Statutes Involving Child Victims

Oregon has several laws on the books which are specifically used to prosecute sex offenders who prey on children:

Contributing To The Sexual Delinquency Of A Minor

A person 18 years or older can be found guilty of contributing to the sexual delinquency of a minor if he or she has sexual intercourse or deviate sex (anal or oral sex) with anyone under 18 years of age, or causes that person to have deviate sex with someone else.

This crime is a Class A misdemeanor punishable by up to one year in prison and/or a fine up to $6,250.

Online Sexual Corruption Of A Child

In Oregon, crimes involving adults using the Internet to solicit sexual contact with a child are prosecuted as either first or second-degree online sexual corruption of a child.

Second Degree

A person is guilty of second-degree online sexual corruption of a child if he or she is at least 18 years old and uses online communication to solicit sexual contact or sexually explicit conduct from a child and offers or agrees to meet the child in person.

Online sexual corruption of a child in the second-degree is a Class C felony punishable by up to 5 years in prison and/or a maximum $100,000 fine.

First Degree

If the offender takes a significant step towards meeting the child (such as driving to a planned destination), the charge will be upgraded to the first degree. This charge is a Class B felony punishable by up to 10 years in prison and/or a $200,000 fine.

Unlawful Contact With A Child

A person can be found guilty of unlawful contact with a child under if he or she contacts a child under any of the following circumstances:

  • With the intent to commit a crime or for the purpose of arousing or satisfying sexual desires
  • If the offender has been sentenced as a dangerous offender upon a conviction for a sex crime
  • If the offender has been classified as a predatory sex offender
  • If the person has been designated a sexually violent dangerous offender.

Unlawful contact with a child is a Class C felony.

General Sexual Crime Statutes

In Oregon, sexual crimes are divided into several different laws. In some cases, these general sexual crime statutes can be applied to cases involving both adult and child victims.

Rape

In Oklahoma, rapists can be charged in one of three degrees:

First Degree

A person is guilty of rape in the first degree if he or she has sexual intercourse with another person under any of the following circumstances:

  • When the victim is incapable of consent because of a mental defect, mental incapacitation, or physical helplessness
  • When the victim is younger than 16 and the offender is the victim’s sibling, parent, or spouse of their parent
  • When the victim is under 12 years old
  • If forcible compulsion is used on the victim

This Class A felony is punishable by up 20 years in prison and a fine up to $300,000.

Second Degree

A person is guilty of second-degree rape if he or she has sex with someone younger than 14 years old. This Class B felony is punishable by up to 10 years in prison and a maximum $200,000 fine.

Third Degree

An adult can be charged with third-degree rape if he or she has sex with someone younger than 16 years old. Class C felony punishable by up to 5 years in prison and a maximum $100,000 fine.

Sexual Abuse

Crimes involving criminal sexual contact are classified into three degrees of sexual abuse:

First Degree

A person is guilty of sexual abuse in the first degree if he or she does any of the following:

  • Forces another person to have sexual contact or has sexual contact with someone younger than 14
  • Forces another person to have sexual contact or has sexual contact with someone incapable of consent because of a mental defect, mental incapacitation, or physical helplessness
  • Intentionally causes someone younger than 18 to touch the mouth, anus, or sex organs of an animal to arouse or gratify the person’s sexual desires

This crime is a Class B felony punishable by up to 10 years in prison and a maximum $200,000 fine.

Second Degree

Someone can be convicted of second-degree sexual abuse if the crime involves any of the following circumstances:

  • The offender subjects someone else to sexual intercourse, deviate sexual intercourse, or penetration of the vagina, anus, or penis with any object other than the offender’s penis or mouth, and the offender was at one time the victim’s coach
  • Subjects a victim to any of the acts described above when the offender is at least 21 years old
  • Any sexual abuse when the victim is younger than 18 years old
  • Any sexual intercourse or deviate sexual intercourse involving objects when the victim does not consent to the act.

This offense is a Class C felony.

Third Degree

A person can be found guilty of third-degree sexual misconduct when he or she:

  • Subjects another person to sexual contact and intentionally propels a dangerous substance (blood, urine, semen, or feces) at the victim without the victim’s consent
  • Subjects someone younger than 18 years old to sexual contact
  • Subjects a person to sexual contact without their consent

This crime is a Class A misdemeanor.

Custodial Sexual Misconduct

Second Degree

A person is guilty of second-degree custodial sexual misconduct if he or she is in a position of supervisory authority and has sex with someone he or she knows is either in legal custody, in a correctional facility, participating in a work program, or on probation, parole, post-prison supervision, or any other form of conditional or supervised release.

This offense is a Class A misdemeanor.

First Degree

First-degree custodial sexual misconduct involves the same circumstances as the second degree, except the offense involves deviate sex or the penetration of the vagina, anus, or penis of another person with any object other than the offender’s penis or mouth.

First-degree custodial sexual misconduct is a Class C felony.

Unlawful Sexual Penetration

Unlawful sexual penetration is a crime which involves penetrating the vagina, anus, or penis of a victim with any object other than the offender’s penis or mouth. These charges can either be filed as first or second degree, depending on the specifics of the crime.

First Degree

If the victim is younger than 12 years old or incapable of consent due to a mental defect, mental incapacitation, or physical helplessness. Class A felony.

Second Degree

If the victim is younger than 14 years old. Class B felony.

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