If no consent, but no force, then it was sex abuse II. However, in a case out of Washington County called State v Stamper, the Oregon Court of Appeals held that sex abuse II didn't just apply to cases where the victim didn't consent. It applied to cases where the victim couldn't legally consent due to age, like a 17 year old. Sure, sex with a 17 year old was already criminalized, but now it was a felony. Moreover, it was a felony that -- based on crime seriousness levels, which help determine prison time -- was punished more severely than sex with a 14 year old, and under no circumstances could someone convicted of sex abuse 2 ever NOT register.
Therefore, a 20 year old who has sex with a 17 year old if over 3 years difference, even just 3 years and a day is guilty of registerable sex felony, and he faces more time in custody than a 19 year old who is charged with rape III for having sex with a Moreover, if less than 5 years between the 19 year old and the 14 year old even if just a day , the 19 year old might not have to register as a sex offender.
None of this is in dispute. One thing that did happen is that years later, the Court of Appeals held that making the crime seriousness of Sex Abuse II a level 7 when sex with a 14 year old was only a 6 was a violation of the constitutional guarantee against disproportionality Article I, section The state is appealing that ruling to the Oregon Supreme Court, which has put the issue on abeyance while it decides St v.
Ofodrinwa is a case in which the defendant argues that Stamper was wrong.
In other words, the defendant in Ofodrinwa is arguing that the Oregon legislature never intended to make the punishment for sex with a 17 year old more serious than sex with a 14 year old. It never intended to make sex with a 17 year old a registerable offense regardless of the circumstances when sex with a 14 year old might not be.
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