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Sex Crime & Offenses Charges

Since 1995, when Oregon Measure 11 was introduced, sex crime penalties have been severe.  It is not unusual for a prosecutor to charge a number of sex crimes in an Indictment, and then seek to request the Court to run the sentences consecutively.  Before 1995, a conviction for Sex Abuse in the First Degree would be a probationary sentence and maybe a little jail.  Now, with Ballot Measure 11, there is a mandatory minimum prison sentence of  75 months.  These are serious charges.  It is my experience that most charges, from Sex Abuse to Rape, are based upon statements of a complainant by themselves with little or no physical evidence.  There seems to be a rush to prosecute the most minor of allegations, which have major consequences.

I understand how distressing it is for a person to face these charges.  It is important to not converse with any police officers, social workers, or any other agents of the State prior to having the opportunity to speak with an attorney.  Anything you say will be used against you and will be interpreted against you.

As a criminal defense attorney I have successfully defended numerous allegations of sex crimes, and represented dozens of people in Oregon Measure 11 crimes, resulting in the reduction or dismissal of the charges.

Charge Crime Classificationand Penalties Elements of Crime
Rape I, Sodomy I, Unlawful Sexual  Penetration I Class A felony – Ballot Measure 11 – Mandatory minimum sentence of 100 months prison Sexual intercourse (rape) or deviate sexual intercourse (sodomy) or sexual penetration with a person who is:-under 12 years of age; or-subject to forcible compulsion; or-incapable of consent by reason of mental defect, mental incapacitation or physical helplessness; or-under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child (does not apply to sexual penetration)
Rape II, Sodomy II, Unlawful Sexual Penetration II Class B felony – Ballot Measure 11 – Mandatory minimum sentence of 75 months prison Sexual intercourse (rape) or deviate sexual intercourse (sodomy) or sexual penetration with a person under 14 years of age
Rape III, Sodomy III Class C felony – Up to 5 years prison and $125,000 fine Sexual intercourse (rape) or deviate sexual intercourse (sodomy) with a person under 16 years of age
Sex Abuse I Class B felony – Ballot Measure 11 – Mandatory minimum sentence of 75 months prison Subjects another person to sexual contact and the person is:-under 14 years of age; or-subject to forcible compulsion; or-incapable of consent by reason of mental defect, mental incapacitation or physical helplessnessor

Intentionally causes a person under 18 years of age to touch or contact the mouth, anus, or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person

Sex Abuse II Class C felony – Up to 5 years prison and $125,000 fine Subjects another person to sexual intercourse or deviate sexual intercourse with a person who does not consent thereto
Sex Abuse III Class A misdemeanor – Up to 1 year jail and $6,250 fine Subjects another person to sexual contact and the person either:-does not consent to sexual contact; or-is incapable of consent by reason of being under 18 years of age