What Is the Age of Consent in Oregon?
In Oregon, the legal age of consent is 18 years old. This means that under the law, adults may engage in consensual, non-sexual activities with persons age 18 and older, and likewise engage in consensual sexual activity with persons who are 18 or older after attaining that age. Individuals under the age of consent, even when they agree to this kind of behaviour with an adult, do not have the ability to consent to sexual acts under the law.
Compare the Oregon age of consent law with that of other states. In New Jersey, the minimum age for sexual consent is 16. In California, it is also 18 . Georgia makes sexual consent a matter of individual county law, where the age of consent can be as high as 18 and as low as 14. Overall, there is some variation across states in the legal age of consent depending on local laws.
The law makes no allowance for ignorance. Whether or not the parties are aware of the legal implications, the age of consent is absolute. An adult who engages in sexual behaviour with a youth under the age of consent (18 in Oregon) is committing a criminal offence under state laws and is subject to the maximum penalties defined by law. There is a clear distinction between the legal capacity to consent and the maturity of person to fully understand the impact of their actions.
Why the Age of Consent Is Important Legally and Socially
Legally, the age of consent plays a critical role in the prosecution of statutory rape. In the past, many stated that if someone under the age of consent agreed to engage in sexual activity, if they chose not to pursue the complaint, charges should be dropped. At the time, it seemed a reasonable argument. However, some argued that minors are not of a sufficient age to give informed consent and that any insinuation of a willing partner was irrelevant. For years, 12- or 13-year-olds did not have the ability to consent to sexual relationships with individuals much older than themselves. In 1998, the law changed to address these arguments, allowing minors to consent at the age of 12 or 13, depending on the ages of both partners. The law also established close-in-age exemptions codified as the "Romeo and Juliet" laws. To be eligible for the exemption in Oregon, the younger party in the relationship must be 16, the older must be no more than five years older and the two parties involved must be consenting to the relationship. There is no close-in-age exemption for parties when either party is under the age of 16. The strict age of consent laws are necessary both for the protection of minors against elaborate schemes by older individuals to pressure or violate them and because, oftentimes, it is impossible to know whether the minor is truly engaging in consensual sex or if they are being coerced, exploited or even raped. The age of consent has proven to be an invaluable tool in protecting victims who may not have the ability to understand the consequences of their actions, their power in the relationship or the potential for harm. The age of consent laws have also become one of the most frequently cited defenses in arguments against any form of sexual education or prevention efforts. Opponents of sexual education often argue that providing age-appropriate, comprehensive sexual education to minors undermines the age of consent laws, resulting in more individuals seeking to engage in illegal sexual relationships. They also argue that any discussion of contraceptives allows for the promotion of promiscuity among minors, a claim that has been proven false time and again.
Oregon’s Exceptions to the Rule for the Age of Consent
Certain close-in-age exemptions or defenses are recognized under Oregon law. For instance, there are typically no charges when both persons are 17 years old or older and two consenting teenagers are involved. In Oregon, this is known as the Romeo and Juliet law.
In addition, in reference to the technical aspects of statutory rape laws, the age of the younger involved person is the one that applies. Therefore, even if a 16-year-old has sex with a 19-year-old, the former is still considered to be – for the purposes of law – a person younger than 16 (which is the age of consent) and the latter has committed statutory rape.
Note that under the state law, a person under 18 cannot consent to his or her own sexual abuse. Although the law doesn’t prohibit romantic relationships between individuals close in ages, the law is intended to prevent inappropriate relationships between those who are in positions of power, authority, or trust to their victims. This is particularly true when there is a line of unequal inspiration between the parties (such as a coach and student).
The Penalties for Violating Oregon’s Age of Consent Laws
On the criminal side, violations of Oregon’s age of consent laws can result in a number of charges, the severity of which depend largely on the ages of the parties involved. If both parties are above the age of 18, the worst that can happen is that you will be charged with disorderly conduct in the first degree, which is a Class B misdemeanor. This carries a maximum sentence of six months in prison and a $2,500 fine. However, if you are charged with committing sexual conduct with a minor below the age of 18, you face felony charges, which comprise a much larger sentence.
Whereas I am not directly involved with those who are charged in a court of law, I do have clients who represent a cross-section of those who have stroked this particular brush with the law – and it bears mentioning, that even though the actual individuals who face these charges vary widely in their backgrounds and experiences, they all face very similar criminal consequences for violating these laws .
As far as more serious charges, if the "victim" is below the age of 12, you will more than likely face charges of sex abuse in the first degree, which is a Class A felony, punishable by up to 25 years in prison. Even if your "victim" was aged 12 to 16 years when the alleged act(s) occurred, you could still face sex abuse in the first degree charges, as well as sodomy in the first degree.
If you are convicted of sodomy in the first degree, you will be deemed a "predatory sex offender" and required to register as sex offender(s) for the rest of your life(s). Speaking of sex offenders, if you are convicted or plead guilty to a sex crime involving a minor, you will be required to carry the sex offender label for at least 10 years and possibly the remainder of your life. This classification has widespread implications on where you can live and work; even restrictions on where you can travel; on having to notify neighbors whenever you move into a new area, and on whether or not you have to maintain a certain distance from schools, parks, youth centers and other locations where minors congregate.
Resources and Help for Affected People
There are a number of organizations that provide legal aid, counseling, and advocacy services for persons involved in legal age of consent, their families, and the employers of minors.
For legal aid and support, the National Center for Youth Law (NCYL) provides resources to youth facing a variety of legal issues concerning both criminal and civil codes. It offers information ranging from school discipline, juvenile delinquency, immigration, personal safety, and more. The Center focuses on access to justice for youth, particularly youth who are homeless, in foster care, or involved in the juvenile legal system. The Center can be contacted at:
The National Center for Youth Law
405 14th St Suite 1210
Oakland, CA 94612
Phone: 510-835-8098
Fax: 510-835-8099
The Oregon Law Center operates several offices throughout the state of Oregon providing legal services to low income Oregonians including those in Lincoln, Marion, Polk, Columbia, and Washington counties. For residents of the central Oregon coast, the center provides advice and no cost representation for some cases; for those in the Portland metro area, the center provides services in housing, consumer, education, and government benefits matters. The center can be contacted at:
Oregon Law Center
435 Pacific Ave. Suite 103B
Woodburn, OR 97071
Phone: 503-982-2349
Fax: 503-982-0002
In Multnomah County, the Metropolitan Public Defender Offices (MPD) serve over 8,000 indigent clients every year through three branches that provide trial, post-conviction, and juvenile representation. The juvenile division represents children and youths charged with crimes or status offenses. The main office provides a myriad of support services such as career development networks , community engagement initiatives, juvenile defense, and re-entry programs. The MPD juvenile office can be contacted at:
Metropolitan Public Defender
100 SW Main St. Ste. 400
Portland, OR 97204
Phone: 503-241-5745
Fax: 503-727-8550
For counseling or group therapy, the Kindred Hearts Therapeutic Group is a small, private intake-based counseling practice with locations in Tigard and Portland, Oregon. The group provides therapy and support groups for male and female youth ages 11-21 who have experienced sexual abuse or who struggle with abusive or unhealthy sexual behavior. Students are referred to the program through the Multnomah County Juvenile Justice system and may qualify for the program through several criteria including prior engagement with therapy or treatment, referrals from a community partner, and referrals from counselors, parents, or guardians. The program can be contacted at:
Kindred Hearts Therapeutic Group
2614 SW 29th Ave. Ste 102
Portland, OR 97205
Phone: 971-222-2105
In Oregon, sexual abuse prevention education is funded through the Oregon Youth Authority’s Sexual Abuse Prevention Program. The program staff works with volunteers, county/community teams, and juvenile youth to provide resource support and references for education services. The website grants free download access to Oregon’s Accountability-Based sex offender treatment resource guide. The program can be contacted at:
Oregon Youth Authority
2345 PE Court NE
Salem, Oregon 97301
Phone: 503-373-7391
Fax: 503-373-7095