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Originally Posted by PonyPotato
From what I understand of rape laws:
Because the age of consent is 16, you may still be charged with rape if you have sex with her. Because you are less than 4 years her senior, you may not be charged with STATUTORY rape.
Is my understanding of rape/consent laws flawed, or is this correct?
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This stuff all varies state by state. In Oregon (sorry, my only experience with any of this)-
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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.
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In Oregon per ORS 163.315 you can not give consent if you're-
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(1) Under 18 years of age; or
(2) Mentally defective; or
(3) Mentally incapacitated; or
(4) Physically helpless.
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If you're over 18 and having sexual relations with a person under 16 you can be charged with Rape II, the person under 16 simply can not give consent ergo rape.
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163.365 Rape in Second Degree Any person who engages in sexual intercourse with any person under 14 where defendant is 3+ years older than victim. (Class B Felony.)
163.355 Rape in Third Degree Any person who engages in sexual intercourse with any person under 16 where defendant is 3+ years older than victim. (Class C Felony.
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This could have changed the, ORS I'm working with was printed in the late 90's.
Personally I'd stick with WK's advice and sleep with people your own age.