Call David Lesh today at 503.546.2928 if you need an experienced attorney to assist you with an Oregon rape charge.

Former prosecutor dedicated to criminal defense.
More than 24 years as an Oregon attorney.
Call today for a no cost consultation.
(503) 546-2928

THE OREGON CRIMINAL LAW GUIDE

MAIN PAGE OREGON RAPE DEFENSE LAWYER OREGON SEX CRIME DEFINITIONS OREGON SEX CRIME GUIDE
"I defend people facing rape and other sex crime charges in the State of Oregon."

OREGON RAPE CRIMES AND LAWS

   ORS 163.355 Rape in the third degree. [Known as Rape III or Rape 3] (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.

   (2) Rape in the third degree is a Class C felony.

[Some states refer to this crime as "statutory rape."]

   ORS 163.365 Rape in the second degree. [Known as Rape II or Rape 2] (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.

   (2) Rape in the second degree is a Class B felony.

[Some states refer to this crime as "statutory rape."]

   ORS 163.375 Rape in the first degree. [Known as Rape I or Rape 1] (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:

   (a) The victim is subjected to forcible compulsion by the person;

   (b) The victim is under 12 years of age;

   (c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or

   (d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

   (2) Rape in the first degree is a Class A felony.

   ORS 163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when:

      (a) The person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or

      (b)(A) The person violates ORS 163.415 (1)(a)(B);

      (B) The person is 21 years of age or older; and

      (C) At any time before the commission of the offense, the person was the victim’s coach as defined in ORS 163.426.

      (2) Sexual abuse in the second degree is a Class C felony. [1971 c.743 §116; 1983 c.564 §1; 1991 c.386 §14; 1991 c.830 §2; 2009 c.876 §2]

 

   ORS 163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section, “coach” means a person who instructs or trains an individual or members of a team in a sport.

      (2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

      (a) The victim is incapable of consent by reason of being under 18 years of age;

      (b) The offender is 21 years of age or older; and

      (c) At any time before the commission of the offense, the offender was the victim’s coach. [2009 c.876 §1]

 


Rape II and Rape I are Ballot Measure 11 offenses that come with significant prison sentences.  Rape III is a felony but not a Measure 11 offense.  Rape II and Rape III are referred to as "statutory rape" in some states; however, Oregon law does not use that term.  Rape convictions almost always come with a sex offender registration requirement.


David N Lesh
Oregon Rape Defense Lawyer
No cost initial consultation



503.546.2928
434 NW 19th Avenue
Portland, OR  97209


TIP:  Sex crime convictions including rape charges are not expungeable. 

Rape II and Rape I are Measure 11 Offenses.




David Lesh Mini Biography

Oregon attorney since 1990;

Former prosecutor (5 years);

Former lawyer to the Portland Police Bureau (3+ years);

Sought after criminal defense attorney (11+ years).