In most states it is a criminal offense (statutory rape) to have sexual intercourse with a person under the age of consent—which is usually between 16 and 18 years of age. These laws are premised on the belief that a person under the age of consent is not capable of giving informed consent to sexual intercourse—even if the person was a willing participant.
Statutory rape may be prosecuted as a misdemeanor offense or as a felony offense—depending on the state’s laws and the ages and circumstances of the sexual activity. Statutory rape laws are generally located in a state’s statutes—often in the penal or criminal code.
But many states recognize a defense to such a criminal offense if the persons engaged in the sexual activity were close in age—within three years, for example—provided the persons were at least 14 years of age, for example. These laws are sometimes called Romeo-and-Juliet laws, and are generally located in a state’s statutes—often in the penal or criminal code.
In Oregon, the age of consent is 18 years old, and engaging in sexual intercourse with someone under this age can be prosecuted as statutory rape. Oregon law recognizes statutory rape as a serious offense, and it can be charged as a misdemeanor or felony, depending on the circumstances, such as the age difference between the parties and whether force or coercion was involved. However, Oregon does have a 'Romeo and Juliet' law, which provides an exception for individuals who are close in age. Specifically, under Oregon Revised Statutes Section 163.345, if the age difference between the partners is less than three years, and the younger person is at least 15 years old, the older partner may be exempt from statutory rape charges. This 'close-in-age' exemption is designed to prevent the criminalization of consensual sexual activities between peers who are close in age. It's important to note that even with the Romeo and Juliet law, there may be other legal consequences for engaging in sexual activities with minors.