The Bullet Points You'll Want to Know Before Tomorrow's OSC Opinion
by: Ryan • April 24, 2013 • no comments
Tomorrow, 15 months after oral argument, the Oregon Supreme Court will issue an opinion in State v. Ofodrinwa. Here's most everything you need to know:
- Under Oregon statutes, sex with someone under 18 is explicitly criminalized as a misdemeanor "Contributing to the Delinquency of a Minor"
- Sex with someone under 16 is explicitly criminalized as felony "Rape in the Third Degree."
- Sex Abuse in the Second Degree (a felony) prohibits sex with someone who does not consent. In a case called State v. Stamper, the Oregon Court of Appeals has interpreted "does not consent" to equal "cannot consent because the person is underage." Therefore, sex with a 17-year-old -- though explicitly a misdemeanor -- can now also be charged in this roundabout way as a felony Sex Abuse II.
- Sex Abuse II is a level 7 on the Crime Seriousness Scale, but Rape III is a 6. Therefore, a person is presumptively facing more prison time for otherwise consensual sex with a 17-year-old than if they were charged with Rape III for having sex with a 14-year-old. The Oregon Court of Appeals has ruled that that scheme violates the proportionality clause of the Oregon Constitution, but otherwise left this scheme intact. The fact that it's not just disproportionate but idiotic isn't enough to overcome the presumption that this was actually intended by the legislature.
- Sex Abuse II always requires sex offender registration, but Rape III or Contributing do not, as long as the defendant meets certain criteria, including that he or she is no more than 5 years older than the victim.
- In other words, a 19-year-old who is charged with Rape III for having otherwise consensual sex with a 14-year-old might not have to register as a sex offender, but a 20 year old who is charged with Sex Abuse II for having otherwise consensual sex with a 17-year-old always would.
- The age of consent in Oregon is higher than the vast majority of states.
Tomorrow, the OSC will decide, in State v. Ofodrinwa, if State v. Stamper was correctly decided.
