Can She Still Go to Court

[Shenightlove]

My question involves criminal law for the state of: Oregon

I know a girl who was 17 years old and had consenual sex with a guy of the age of 22. I know the age of consent is 18 in oregon, I was wondering if that girl could still press charges on that person, even though the girl is now 20 and it has only been about for years? What is the statue of limitation in such a case?

[aardvarc]

Since the ages in question are outside of the "Romeo clause" (see below), criminal charges are possible (might not be likely, but are possible). The SOL will depend on what exact charge and degree the prosecution is seeking. Let them worry about that. She can file a police report and see where it goes from there.



163.345 Age as a defense in certain cases. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.