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  1. #1
    Join Date
    May 2013
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    Default What is the Punishment for Forcible Rape of a Minor

    My question involves criminal law for the state of: Oregon.

    What is the maximum punishment for a 24 year old man who forced himself upon a 14 year old girl and raped her in the state of Oregon? I say rape, because not only was there a huge age difference, but the girl verbally told him NO and to stop after the sexual contact had already started. The man was in the military at the time of the offense, but is now a civilian. This crime occurred in 2005. The girl, now 22 years old, has reported the crime to the authorities who are now investigating.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Maximum Punishment for Statutory/Forcible Rape

    Doesn't matter the age difference - what matters is the age; 14 is well below the age of consent in Oregon.

    If I am reading the statue right, since she was under 16 that makes it a class C felony, which has a penalty of five years in jail.

    Someone else may know of any nuances I am missing.

  3. #3
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    May 2013
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    Default Re: Maximum Punishment for Statutory/Forcible Rape

    Quote Quoting cbg
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    Doesn't matter the age difference - what matters is the age; 14 is well below the age of consent in Oregon.

    If I am reading the statue right, since she was under 16 that makes it a class C felony, which has a penalty of five years in jail.

    Someone else may know of any nuances I am missing.
    So yes, obviously this is statutory rape, but what if she could prove that the rape was forcible? Wouldn't that lead to a harsher punishment?

    Thank you.

  4. #4
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    Jun 2006
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    Massachusetts
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    24,521

    Default Re: Maximum Punishment for Statutory/Forcible Rape

    If she's under the age of 18, it's considered forcible even if she got down on her knees and begged for it.

    I understand what you're saying; however, I'm simply telling you what the law says.

    http://www.oregonlaws.org/ors/163.355

    http://www.oregonlaws.org/ors/161.605

    I don't know what else to tell you.

  5. #5

    Default Re: Maximum Punishment for Statutory/Forcible Rape

    Have to agree with cbg. Unless the sexual activity occurred PRIOR to age 14, or there was significant documented injury, or, unless the perpetrator was somehow either related to or in a position of authority over her (which burden would be on the prosecution to prove), then the incident would likely be prosecuted as a Class C felony with possible penalties as indicated. Had the military authorities gotten ahold of the case back when it happened, different story. But that ship has now sailed.

    In addition, now that 8 years have gone by since the incident, chances of prosecution have declined dramatically, and will continue to do so as time passes. Even if a 3rd degree rape case CAN be prosecuted before a minor victim reaches 30 years of age in OR, doesn't mean it WILL be prosecuted. Much will depend on if the prosecution can PROVE the case with whatever evidence they are able to gather or preserve. If it comes down to she says it happened and he says it didn't, the case dies. If there were medical reports, witnesses willing to testify, or some physical evidence was somehow preserved, then the state may have a shot. In any case, unless it gets reported, nothing happens.

  6. #6
    Join Date
    May 2013
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    3

    Default Re: Maximum Punishment for Statutory/Forcible Rape

    Thank you both for the advice!

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