Can a 20 year old have sex with a 17 year old if it is consensual?

Full Question:

Can a 20 year old have sex with a 17 year old if it is consensual?
12/03/2007   |   Category: Minors   |   State: Oregon   |   #13292

Answer:

The following are Oregon statutes:

163.315 Incapacity to consent; effect of lack of resistance.

(1) A person is considered incapable of consenting to a sexual act if
the person is:

(a) Under 18 years of age;


(b) Mentally defective;


(c) Mentally incapacitated; or


(d) Physically helpless.

(2) A lack of verbal or physical resistance does not, by itself,
constitute consent but may be considered by the trier of fact along with
all other relevant evidence.

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.

(2) In any prosecution under ORS 163.408, when the object used to
commit the unlawful sexual penetration was the hand or any part thereof
of the actor and 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.

(3) In any prosecution under ORS 163.445 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 if the
victim was at least 15 years of age at the time of the alleged offense.


163.355 Rape in the third degree.

(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.

163.435 Contributing to the sexual delinquency of a minor.

(1) A person 18 years of age or older commits the crime of contributing
to the sexual delinquency of a minor if:

(a) Being a male, he engages in sexual intercourse with a female under
18 years of age; or

(b) Being a female, she engages in sexual intercourse with a male under
18 years of age; or

(c) The person engages in deviate sexual intercourse with another
person under 18 years of age or causes that person to engage in deviate
sexual intercourse.

(2) Contributing to the sexual delinquency of a minor is a Class A
misdemeanor.

163.445 Sexual misconduct.

(1) A person commits the crime of sexual misconduct if the person
engages in sexual intercourse or deviate sexual intercourse with an
unmarried person under 18 years of age.

(2) Sexual misconduct is a Class C misdemeanor.

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